Illinois Central Railroad v. Demars

Citations

• 44 Ill. 292

Syllabus

<p>1. Measure of damages. In an action against a railroad company for a failure to furnish passenger cars, as agreed upon, for an excursion, at a stipulated price, the measure of recovery would be the amount the plaintiff would have received as passage money, if the train had gone as proposed, less the amount agreed to be paid for the use of the cars.</p> <p>2. Contracts—need not be performed in installments. Where the contract on the part of the company, in such case, was to furnish six cars, upon certain notice to be given, and there was a request for only four cars, a failure to furnish the smaller number was no breach of the contract. The company had a right to perform the contract as an entirety, or could not be required to perform it at all.</p>