Crane v. Kildorf

Citations

• 91 Ill. 567

Syllabus

<p>1. Assignment of contract of purchase of corn—subsequent modification of contract by assignee—rights and liabilities of the various parties. Where A had contracted with B for the delivery to the former of shelled corn at 40 cents per bushel, and A afterwards assigned the contract to C, who received and paid for a part of the corn, and B being unable to get the balance shelled, C agreed to take the corn in the ear at two cents a bushel less, under which modification •other of the corn was delivered, and A, on the refusal of C to pay for the corn in the ear, paid the same to B and brought suit against 0 to recover the money so paid by him, it was held, that the waiver of the right by C to have the corn shelled did not avoid the original contract between A and B, but left it in force, except that the price was less per bushel, and that the subsequent payment by A was a ratification of the change made in the contract, and that A was entitled to recover of C the amount so paid for him under the modified contract.</p> <p>2. The purchaser of corn to be delivered at a certain place has the right to direct to whom it shall be delivered at such place, and its delivery to his assignee, without any agreement on the part of the vendor to release him and look to the assignee for payment, does not release the original purchaser from bis obligation to pay under the contract, and when he makes such payment on default of the assignee to pay, he may recover the sum so paid of the assignee who had agreed with him to pay for the grain.</p>