Peerless Pattern Co. v. Barthen

Appellate Court of Illinois

Peerless Pattern Co. v. Barthen

199 Ill. App. 595, 1916 Ill. App. LEXIS 316

CourtAppellate Court of Illinois

DecidedJune 19, 1916

DocketGen. No. 21,169

StatusPublished

This text of 199 Ill. App. 595 (Peerless Pattern Co. v. Barthen) 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

Peerless Pattern Co. v. Barthen, 199 Ill. App. 595, 1916 Ill. App. LEXIS 316 (Ill. Ct. App. 1916).

Pincite

Opinion

Mr. Presiding Justice Pam

delivered the opinion of the court.

5. Damages, § 66*—what recoverable for breach of contract to purchase goods for definite period. In an action for alleged breach of a contract to purchase patterns and fashion guides for a definite period, under which goods of a certain value were to be considered as a standing debit and to draw interest throughout the term of the contract, after the expiration of which, all conditions having been fulfilled, the defendant could return all “live patterns in good sale-able condition” at the original purchase price, in payment of the standing debit, where defendant rescinded the contract and returned the patterns on hand shortly after the beginning of the term of the contract with the intention that credit be given him on the standing debit, held that plaintiff was entitled to recover the interest on the standing debit only during the period that the goods were retained and also, as minimum damages, its loss of profits sustained as a result of the failure of the defendant to purchase new patterns and as a result of the failure to order fashion guides in such numbers as were provided for in the contract.

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Mr. Presiding Justice Pam

delivered the opinion of the court.

5. Damages, § 66*—what recoverable for breach of contract to purchase goods for definite period. In an action for alleged breach of a contract to purchase patterns and fashion guides for a definite period, under which goods of a certain value were to be considered as a standing debit and to draw interest throughout the term of the contract, after the expiration of which, all conditions having been fulfilled, the defendant could return all “live patterns in good sale-able condition” at the original purchase price, in payment of the standing debit, where defendant rescinded the contract and returned the patterns on hand shortly after the beginning of the term of the contract with the intention that credit be given him on the standing debit, held that plaintiff was entitled to recover the interest on the standing debit only during the period that the goods were retained and also, as minimum damages, its loss of profits sustained as a result of the failure of the defendant to purchase new patterns and as a result of the failure to order fashion guides in such numbers as were provided for in the contract.

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Bluebook (online)

199 Ill. App. 595, 1916 Ill. App. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peerless-pattern-co-v-barthen-illappct-1916.