Hungate v. Rankin
Illinois Supreme Court
This was an action of trespass on the case on promises, tried by the Clay Circuit Court, without the intervention of a jury, founded upon the following written contract: Clay County, Ill., July 28th, 1857. I, John D. P. Hungate, have this day sold to R. M. Rankin and L. Fulkhouser one hundred and seventy-five head or more, of well-fatted hogs—one hundred and fifty of said hogs to weigh two hundred pounds and upwards, twenty-five to weigh one hundred and eighty pounds; said…
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This was an action of trespass on the case on promises, tried by the Clay Circuit Court, without the intervention of a jury, founded upon the following written contract: Clay County, Ill., July 28th, 1857. I, John D. P. Hungate, have this day sold to R. M. Rankin and L. Fulkhouser one hundred and seventy-five head or more, of well-fatted hogs—one hundred and fifty of said hogs to weigh two hundred pounds and upwards, twenty-five to weigh one hundred and eighty pounds; said Rankin & Co. to receive said hogs between the 1st and 10th of December, on the farm of said Hungate, and pay $4.25 per…
1Opinion of the CourtWalker, J.
By the provisions of this agreement, the parties were mutually bound, each to the other, to perform their several undertakings at the same time. The terms of this agreement require the appellant to deliver the number and kind of hogs specified, between the first and tenth days of December, and the appellees to pay the contract price for them when delivered. Appellant was not bound to deliver them until the appellees should pay for them, nor were appellees bound to pay until they received the property. The performance of these acts being mutual and dependent on each other, the appellant could…
2Cited by6 opinions
- George H. Hess Co. v. DawsonIllinois Supreme Court · 1894
- Tichenor v. NewmanIllinois Supreme Court · 1900
- Lassen v. MitchellIllinois Supreme Court · 1866
- Alexander H. Revell & Co. v. C. H. Morgan Grocery Co.Appellate Court of Illinois · 1919
- Cummings v. TiltonIllinois Supreme Court · 1867
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