Ullmann v. Kent

Citations

• 60 Ill. 271

Syllabus

<p>1. Measure op dama&es — refusal to receive property and pay for it. Where a person purchased of another the hair and bristles of all hogs he might kill during the season, at a specified price per head, and was to take and pay for them, and the seller, when he commenced slaughtering, gave the buyer notice and requested him to take away the hair and bristles and pay for the same according to the agreement, but the buyer refused, and the vendor then sold the hair and bristles for the highest market price: Held, that he could recover the difference between the contract price and the market price; that this is the true measure of damages for such a breach of contract.</p> <p>2. Sale — breach—re-sale—notice. Where such a breach of contract occurs, the vendor may re-sell the goods without notice to the buyer that he will do so, and the vendee will be liable for the loss sustained.</p> <p>3. Same — time for payment. Where a party purchases goods at an agreed price, and no time is fixed for payment, the law implies that payment is to be made when the goods are delivered.</p>