Foos v. Sabin

Citations

• 84 Ill. 564

Syllabus

<p>1. Cohtbact—sale and future delivery of fat cattle construed. Where a contract for the sale of cattle designates them as “fat cattle,” and they are purchased to be shipped for market, and to be delivered at a future day, and to be fed by the seller, it was held, in a suit by the seller for refusing to accept and pay for them, from the language of the contract, and the business and situation of the contracting parties, that it was their understanding the cattle would be pastured, fed and treated in such a manner that, upon delivery, they would be in a suitable condition for sale as fat cattle.</p> <p>2. Where a party sells fat cattle to be shipped for market, to be kept by him for future delivery, he will be bound to deliver them in as good condition as they would have been had they been pastured and fed in such manner as a reasonably prudent farmer would, under ordinary circumstances, attend and care for a like lot of his own which he was pasturing for -market, but he is not bound to have them well fattened.</p> <p>3. New trial—on facts. The law has entrusted the decision of controverted facts to a jury, and their decision must be final, unless passion, prejudice or partiality has controlled their deliberations.</p> <p>4. Error—in party’s favor. Where the evidence would have justified a verdict against a party, but it is in his favor for a small sum, though inconsistent, he will have no right to complain, as the error does him no injury.</p> <p>5. Measure of damages—for not accepting cattle sold. Where cattle are sold for future delivery, if, at the time and place for delivery, they are worth as much as the contract price, the seller, not being damaged, can not recover of the buyer, for not accepting the same, more than nominal damages.</p> <p>6. Instruction—refusal to correct one, not always errror. Where there is no dispute as to the consideration of a note sued on, but the controversy is, whether the payee has performed the contract on his part, and it is appa