Luthy & Co. v. L. Waterbury & Co.

Citations

• 140 Ill. 664

Syllabus

<p>1. Contract—guaranty construed. By a -written contract a party agreed to sell to another binder twine at Peoria, 111., Omaha, Neb., and various other points, amounting to 424,548 pounds, at certain prices-therein named, free of charge for freight, storage, etc., until the warehouse receipts for the same should be turned over, payable by notes on receipt of invoice, one-third on September 10, one-third on October-10, and one-third on November 10, following, the vendor guaranteeing that the twine sold was in good condition and a merchantable article : Held, that the guaranty had reference to the condition and quality of the twine at the time the contract was made, and not to the time when the warehouse receipts were turned over, although possession of the goods would not pass until the warehouse receipts were delivered.</p> <p>2. Same—of sale with guaranty to reduce price to price of future sales —effect of future sale with privilege of returning unsold goods. Where the vendor of twine guaranteed to the purchaser that if he or another party named should sell twine at a less price than that charged to the purchaser he would make a corresponding reduction on the twine so sold, and it appeared that the vendor had sold twine to another party at the same price, but with a privilege of returning at the end of the season any twine unsold, it was held, that the privilege of returning unsold twine was not necessarily a reduction of the price, and that the first purchaser could not claim a reduction without proof that the last sale affected the market value of the twine.</p> <p>3. Same—of sale of personal property—when title passes. On a contract for the sale of personal property the title thereto will pass, if such is the intention of the parties, although measuring or weighing is to be had at a subsequent time, in order to ascertain the amount to be paid.</p> <p>4. So where a written contract for the sale of twine states the number of pounds sold and the location of the pr