Pennsylvania Coal Co. v. Ryan

Citations

• 107 Ill. 226
• 1883 Ill. LEXIS 254

Syllabus

<p>1. Conteact—damages for non-performance—party seeking recovery must not be in default. Before a party can enforce a contract by tbe recovery of damages for non-performance, he must show a performance, or its equivalent, of all conditions precedent or concurrent to be done by him. If he is himself in default of payment, and his default has not been waived, he can have no compensation for loss of profits he might have made had the contract been fully performed.</p> <p>2. Same—waiver of right to demand concurrent payment by,not declaring forfeitwre. A coal company agreed with a party to furnish him with 3000 tons of coal of different qualities, to be all taken away by a given time, to be paid for at different prices. The purchaser was to pay currently, as he received the coal from time to time, so as to keep his account down to $200 or under, and to pay in full for all coal received during any given month before the 10th of the succeeding month. For non-pérformance on the part of the purchaser the seller had the right to cancel the contract and forfeit the security given, which was a note of $1000, secured by mortgage. No definite time was fixed for the delivery of the coal, but the fair inference was that it was to be called for and tajeen in such reasonable installments, from time to time, as would take all the coal before May 1, 1881. The purchaser allowed his account to reach over $600, when he gave a note for $800, secured by chattel mortgage on his personal property, to save the same from being taken by his creditors, which was accepted by the seller as a further security for the sum then due. It was then agreed that the purchaser was to pay the sum due from time to time, and that no coal should be taken in excess of that sum, and on reducing this sum the purchaser was not to increase the same until he had brought his indebtedness down to $200. After this he was allowed to take coal without complying with the new agreement. At times he was not furnished with c