Sleuter v. Wallbaum

Citations

• 45 Ill. 43

Syllabus

<p>1. Damages—measure of—for non-delivery. In an action for a breach of contract in failing to deliver chattels, or other commodities, the measure of damages is the difference between the contract price and the market value of such articles, at the time stipulated for their delivery by the contract.</p> <p>2. .Same—when paid for at the time of sale—interest to be added. And if the article has been paid for, the purchaser is entitled to* recover the price paid, with legal interest thereon, from the time of such payment until a recovery is had.</p> <p>3. Former decisions. The cases of Smith v. Dunlap, 12 Ill. 184, and Phelps v. McGee, 18 id. 155, cited in support of the rule.</p> <p>4. Damages—measure of—general rule stated—for breach of contract — for nondelivery. Whenever a breach has occurred, the party not in fault may treat the contract as rescinded, and may then purchase- the articles elsewhere, at their market value, and recover, as damages for such breach, the difference paid, with legal interest thereon. And a recovery is not dependent upon the fact of a purchase of the article having been made after breach occurs; if such purchase is not made, the measure is the difference between the contract price and the market value of the articles when they should have been delivered.</p> <p>5. Same — measure of—should be confined to ma/rlcet price at the time of the breach. In all actions for a breach of contract, for the non-delivery of chattels, the measure of damages should he confined to the market value of the articles at the time of the breach.</p>