Roddin v. Shurley

Citations

• 66 Ill. 23

Syllabus

<p>1. Sale—when the title passes as between the parties. Where a contract was made for the sale of personal property and the assignment of a lease for the building in which the fixtures were, and the delivery of possession of the leased property and fixtures, and the payment of the balance of the consideration, were made concurrent acts: Held, that the title to no portion of the property would pass until these acts were performed.</p> <p>2. Contract—sale—measure of damages. Where the plaintiff bargained for the assignment of a certain lease interest, and the purchase of the personal property connected with the leasehold premises, and paid §2000, and the defendants neglected to deliver possession at the time they had agreed to, and it appeared that the personal property was only of the value of §1500: Held, that the plaintiffs, in a suit to recover damages for breach of the contract, were not limited to the difference between the value of the personal property and the money paid, as the contract for the lease and the fixtures was entire.</p> <p>3. Where the damages recovered by the plaintiffs for the non-delivery of personal property purchased and neglect to transfer a lease according to contract, was only the sum paid by them on the contract, with legal interest thereon: He\\d, that the damages were not excessive.</p>