Kadish v. Young

Citations

• 108 Ill. 170
• 1883 Ill. LEXIS 68

Syllabus

<p>1. Meastjbe oe damages—refusal to complete purchase and pay for goods. IaprclinaiX-Ciises opcontractsbfor the sale of personal property for' future delivery, where the purchaser fails to receive and pay for it at the stipulated time, thejneasure of rlamagesXs the difference between the contract pricp and, tlifAJnarketpr current value of the property at the time. andplace of delivery^and this rule is not affected by notice to the seller by the buyer before the day of delivery that he will not receive the property, unless the seller, upon receiving such notice, shall elect to then terminate-the contract.</p> <p>2. The price paid by the seller for an article by him sold and contracted to be delivered in the future, is not a circumstance to be taken into considoration by tbe jury in determining tbe amount of damages the seller is entitled to recover upon the buyer’s refusal to receive aud pay for the property; and evidence of what the property cost the seller, is irrelevant and immaterial.</p> <p>- Í!. Contract of sale—notice by purchaser to renounce the contract—' rights of the respective parties. Where a buyer of grain, before the time-for delivery repudiates the contract, and gives the seller notice of that fact, the latter may act on such notice and treat the contract as ended, and bring his action at once for a breach of the contract, or he may disregard such notice and await the time when the contract is to he performed, and then hold the buyer responsible for all the consequences of non-performance. But in this latter case he keejps the contract alive for the benefit of the othe party as well as his 0'wni’-'3Bsgss3!?! -</p> <p>4. While a contract is still subsisting the parties can only he compelled to do that which its terms require. The purchaser, by notice that he renounces Ho contract, can not impose a duty on the seller to sell the property before Hi ■ time fixed for its delivery, to protect the former from loss, or even to ¡mi a it ready for delivery bef