Engesette v. McGilvray

Appellate Court of Illinois

Engesette v. McGilvray

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

Appellate Court of Illinois·Decided April 13, 1896·Published·Cited by 4 cases

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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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.

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

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Opinion

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