Haverstick v. Fergus

Citations

• 71 Ill. 105

Syllabus

<p>Replevin—does not lie for breach of contract to sell. The fact that a vendor has not performed his contract to sell a boiler, where the purchaser has never had possession, nor has the right to possession, will not authorize a suit in replevin, but the remedy for a failure to perform the contract, is an action for its breach.</p>