Weintz v. Hafner

Citations

• 78 Ill. 27

Syllabus

<p>1. Contbact—right to rescind for omission of other party. A slight or partial neglect, on the part of one of the contracting parties, to observe some of the terms or conditions of the contract, will not justify the other party at once to abandon or rescind the same.</p> <p>2. In order to justify an abandonment of a contract, and the proper remedy growing out of it, the failure of the opposite party must be a total one. The object of the contract must have been defeated or rendered unattainable by his misconduct or default.</p> <p>3. For partial dereliction and non-compliance in matters not necessarily of first importance to the accomplishment of the object of the contract, the party injured must seek his remedy upon the stipulations of the contract itself.</p> <p>4. Thus, where a party sold a farm, and agreed to build a barn on the • premises, and deliver possession by a given day, it was held, that a failure to have the barn completed at the time the second payment fell due, and before the time of delivery of possession, did not justify the purchaser in refusing payment, and authorize him to recover back the sum paid at the making of the contract. Neither would a refusal to give a receipt for the second payment justify a rescission by the purchaser, even if one were required by the contract.</p>