Buxton v. Bliss & Laughlin

Appellate Court of Illinois

Buxton v. Bliss & Laughlin

210 Ill. App. 247

CourtAppellate Court of Illinois

DecidedApril 16, 1918

DocketGen. No. 23,275

StatusPublished

This text of 210 Ill. App. 247 (Buxton v. Bliss & Laughlin) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buxton v. Bliss & Laughlin, 210 Ill. App. 247 (Ill. Ct. App. 1918).

Pincite

Opinion

Mr. Justice McDonald

delivered the opinion of the court.

2. Sales, § 366*—when purchasers cannot complain of breach of contract. Where the purchasers of steel shafting fail to make payments as required by the contract and, after the seller’s rescission of the contract because thereof, write the seller to continue shipments, it is incumbent upon them to perform their part of the contract by making payments as they become due thereunder, and, failing therein, they are in no better position than the seller, and cannot complain of a breach of contract. 3. Sales, § 373*—when waiver of provision in contract for payment for shipments within SO days not shown. Evidence held insufficient to show a waiver, by the seller of a provision in a contract for the sale of steel shafting, requiring that shipments be paid for within 30 days from date thereof.

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Mr. Justice McDonald

delivered the opinion of the court.

2. Sales, § 366*—when purchasers cannot complain of breach of contract. Where the purchasers of steel shafting fail to make payments as required by the contract and, after the seller’s rescission of the contract because thereof, write the seller to continue shipments, it is incumbent upon them to perform their part of the contract by making payments as they become due thereunder, and, failing therein, they are in no better position than the seller, and cannot complain of a breach of contract. 3. Sales, § 373*—when waiver of provision in contract for payment for shipments within SO days not shown. Evidence held insufficient to show a waiver, by the seller of a provision in a contract for the sale of steel shafting, requiring that shipments be paid for within 30 days from date thereof.

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Bluebook (online)

210 Ill. App. 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buxton-v-bliss-laughlin-illappct-1918.