Songer v. Lynch

Citations

• 72 Ill. 498

Syllabus

<p>Exchange of property—a party, to maintain a suit on a contract to exchange property, must show performance on his pw't. A party took corn to a mill to exchange for meal, where the custom was to weigh the corn and require the owner to put it in a crib near the mill, and then deliver meal to him in exchange. In putting the corn in the crib, the owner let a portion of it fall on tire ground, and the employees at the mill told him he must put the corn in the crib, or be docked in the amount of meal. He declined to put the corn in the crib, and left without demanding either his corn or meal: Held, on a suit brought by the owner of the corn, that he could not recover on the ground of a breach of contract to deliver meal, because he had not performed his part by delivering the corn in the crib, nor for a conversion of his corn, because, having put it into the miller’s possession, a demand and refusal would be necessary before he could claim that there was any conversion.</p>