Shaw v. Lady Ensley Coal, Iron & Railroad

Citations

• 147 Ill. 526
• 35 N.E. 620

Syllabus

<p>1. Vendor and vendee—stoppage in transita. The stoppage of goods in transita does not operate to rescind the contract of sale, and' hence it does not divest the vendee of his title. The stoppage only has the effect of restoring the vendor to his right to a lien, as though lie had never parted with the possession. But he can not keep the goods, and at the same time recover from the vendee the purchase price. 1 3</p> <p>2. The first duty of the vendor after regaining possession is to hold the goods until the purchase price becomes due under the contract of sale, so as to be able to deliver them upon payment. After that he may sell them, and recover the difference between the amount received at the sale and the contract price; or he can sue the vendee for the whole price, if he is ready to deliver them upon payment.</p> <p>3. If, however, after the contract price becomes due the vendor takes no steps to dispose of the goods, either by selling them after notice, or tendering them to the vendee, and, upon his failure to pay, suing him - for the price, but simply keeps them, he will, after a reasonable time, be held to have elected to take them back in satisfaction of the debt created by their purchase. But he can not keep them indefinitely, and at the same time recover the price.</p> <p>4. Where a vendor stops part of the goods in transitu, and the vendee makes an assignment for the benefit of creditors, the vendor will not be allowed to prove up his entire claim, when he does not offer to deliver the goods so stopped, but he will be entitled to recover the price for the goods actually delivered.</p> <p>5. If the vendor is not ready and willing to deliver the goods upon payment of the price, he can not recover the price, notwithstanding the insolvency of the vendee. Failing to show such readiness to deliver if the price was paid, raises a presumption that the vendor looks to the property for payment.</p> <p>6. Sale—re-sale of goods after earnest given. After earnest g