Fitch v. Priest

Citations

• 46 Ill. 441

Syllabus

<p>1. Contract—construction, of—Where one party agrees with another to take all the grain the latter may receive at a certain - place, upon rates of commission agreed between the parties, and agrees to supply and keep supplied the latter with money, with which to pay for said grain, without delay, expense or inconvenience to him, who shall in no case be required to advance the money himself—a proper construction of such contract would not require the other party to keep money in the hands of the latter at all times, but would be sufficient if he supplied the money as it was needed for the purchase of the grain; but such party would not be in default upon his contract, until he had been specially notified that money was needed, or that he had been requested to send it and had failed to do so. '</p>