Dwyer v. Duquid

Citations

• 70 Ill. 307

Syllabus

<p>1. Sale—time of payment. In a sale of property, where nothing is said as to when payment shall be made, the law implies that it shall be made on delivery.</p> <p>2. Action—to recover price of goods on partial delivery. Where personal property is sold and delivered, there being no time fixed for payment, and the purchaser refuses to pay for the same on demand, he will be in default, and the vendor, having complied with his part of the contract, may treat the contract as abandoned, and recover in assumpsit, under the common counts, for the price of the property delivered, according to the contract.</p>