Engesette v. McGilvray

Appellate Court of Illinois

Engesette v. McGilvray

63 Ill. App. 461, 1896 Ill. App. LEXIS 839

CourtAppellate Court of Illinois

DecidedApril 13, 1896

StatusPublished

Cited by4 cases

This text of 63 Ill. App. 461 (Engesette v. McGilvray) 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

Engesette v. McGilvray, 63 Ill. App. 461, 1896 Ill. App. LEXIS 839 (Ill. Ct. App. 1896).

Pincite

Opinion

Mr. Justice Waterman

delivered the opinion oe the Court.

Appellant having given notice that he would not fulfill his contract, appellee was not bound to do a vain and useless thing, i. <?., prepare an inventory and tender the goods.

Where a contractor, before the day of performance, declares that he will not fulfill, the other party may take him at his word and at once bring suit for a breach of contract. Fox v. Kitton, 19 Ill. 519; Chitty on Contracts, Vol. 2, p. 1067; Hochester v. De La Tour, 20 Eng. Law & Eq. 157; Lee v. Pennington, 7 Ill. App. 247.

The judgment of the Circuit Court is affirmed.

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