Kitzinger v. Sanborn

Citations

• 70 Ill. 146

Syllabus

<p>1. Contract—to sell and deliver—not excused by bad weather. Inclemency of weather furnishes no excuse for the non-performance of a contract to sell and deliver hogs on a specified day, unless it is expressly so provided in the contract.</p> <p>2. Measure op damages—in action by purchaser against vendor for failure to deliver. Where the vendor of hogs fails to deliver the same at the time and place agreed upon, the measure of the purchaser’s damages will be the difference between the contract price and the fair market value at the time and place fixed for delivery.</p> <p>3. Jury—right to test evidence by their general' knowledge and intelligence. It is proper for the jury to apply to the facts proved their general knowledge as intelligent men. They must test the truth and weight of evidence, and what it proves, by their knowledge and judgment derived from experience, observation and reflection.</p> <p>• 4. Vendor and purchases—latter must le ready and willing to perform,. In a suit by a purchaser of hogs, to be delivered to him at a certain time and place, to recover damages for a non-delivery, it is necessary to prove 'that he was ready and willing to receive and pay for the same at such time and place, hut slight evidence of such fact is sufficient.</p>