Leonard v. Dunton

Citations

• 51 Ill. 482

Syllabus

<p>1. Parol evidence—to vary the terms of a warehouse receipt. A warehouse receipt given by a warehouseman for grain received in store, is the contract of the parties, and parol evidence is not admissible to vary its terms.</p> <p>2. Remedy—against a warehouseman for failing to deliver grain’ on a warehouse receipt. Where a warehouseman receives grain in store, and gives his receipt therefor, providing for a delivery of the grain on the order of the owner, while an action of trover might lie against the warehouseman on his refusal to deliver the grain on demand, yet assumpsit will also lie, -for the breach of the contract. The rule that a party can not waive the' tort and declare in assumpsit for money had and received unless money has actually been received, has no application in such a case.</p> <p>3. Measure of damages—-for non-delivery of grain by a warehousemmi. In assumpsit against a warehouseman for a refusal to deliver grain placed in store, on demand, according to his contract, the measure of damages is the value of the grain at the time it should have been delivered.</p> <p>4. Warehousemen—non-payment of storage. Where grain is stored in a warehouse, to be kept for a short time without charge, and to be delivered to the owner when demanded, the neglect of the owner to pay storage after such time, or to offer to do so, will not defeat his action against the warehouseman for a breach of the contract of the latter to deliver the grain on demand. The most the warehouseman could claim would be a reasonable deduction for storage after having given notice that storage would be charged.</p>