Driggers v. Bell

Citations

• 94 Ill. 223

Syllabus

<p>1. Measure Of damages—on failure to deliver grain sold. The measure of damages for a breach of a contract to sell and deliver grain, where the price has not been paid, is the difference between the market value at the time of default and the contract price, with six per cent interest thereon.</p> <p>2. Variance—as to lime of delivery under contract. Where a declaration in a suit for the breach of a contract for the sale of wheat, alleged that by the contract the wheat was to have been delivered “in a reasonable time,” and the proof was, to be delivered on payment and demand, “at any time within five weeks,” it was held that the variance would have been fatal if the objection had been made on the trial, unless the declaration had been amended.</p> <p>3. Practice—time to object. Where an objection could have been obviated by amendment, and it is not made on the trial, it will be too late to urge the same in this court for the first time. So held of a variance between the declaration and proof as to the terms of a contract.</p>