Cummings v. Tilton

Citations

• 44 Ill. 172

Syllabus

<p>1. Contbacts—for the delivery of personal property—failure to deliver— token purchaser must show willingness, readiness and ability to pay. In an action for the non-delivery of goods or personal property, which were to have been paid for upon delivery, the plaintiff must not only aver, but he must also prove, not only a willingness to pay, but a readiness and ability so to do.</p> <p>2. Same—what will excuse a party from offering to deliver. And in such case, if the purchaser informs the vendor that he cannot pay the money agreed to be paid upon the delivery of the article, the vendor is excused from offering to deliver it. ,,</p> <p>3. Same—performance—aquestionof fact tole determinedly a jury. The fact of the readiness and willingness of a party to perform his contract, is a question solely for the jury to determine, and which it is error for a court to attempt to pass upon, by its instructions.</p>