Sanborn v. Benedict

Citations

• 78 Ill. 309

Syllabus

<p>1. Contract—of sale of grain, to he delivered in future. A contract between a farmer, engaged in raising corn, and a grain dealer, made whilst corn was growing in the field, whereby the farmer sold to the dealer a certain quantity of corn, at an agreed price, to be delivered when called for, the purchaser to give ten days’ notice of the time he would call for it, and a part of the purchase money was paid at the time of making the contract, is an absolute sale of corn, to be delivered in the future, and not a contract for a future sale.</p> <p>2. And in such a case, the purchaser is hound to give notice of his readiness to receive the corn within a reasonable time; and if he fails to do so, the seller may offer to deliver the corn without such notice, and the purchaser is bound to accept and pay the contract price for it.</p> <p>3. Gaming contract—where property sold is under the control of seller. If a party has property under his control, he has a right to sell it, to be delivered at a future time, and it is not essential that the party making such sale should have the present possession of the property.</p> <p>4. A contract, made when corn is growing in the field, for the sale of a certain amount of corn, at a stipulated price, to be delivered in the future, is not illegal, although the judgment of the parties as to the prospect of a corn crop may have controlled them, more or less, in making the contract.</p> <p>5. Tender. Where a party has sold and agreed to deliver two thousand bushels of corn, it is a sufficient tender if he has it ready to be delivered, and offers to deliver it, according to his contract, without carrying the whole amount of the corn with him when he makes the offer.</p> <p>6. Measure op damages. Where corn is to be delivered upon ten days’ notice by the buyer that he is ready to receive it, and the buyer neglects to give such notice in a reasonable time, the seller may offer to deliver the corn without such notice, and demand the contract