Dwyer v. Duquid
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Thomas H. Tipton, Judge, presiding. This was an action of assumpsit, brought by James Duquid and James Crichton against Maurice Dwyer, for the price of ■coal sold and delivered under the following special contract: “Chicago, July 9, 1872. Terms of contract between Mr. Dwyer and Duquid & Oriehton: We will commence to deliver to Mr. Dwyer, Lackawana coal at $7.50 per ton, in yard, and if coal advances, Mr. Dwyer to have…
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Appeal from the Superior Court of Cook county; the Hon. Thomas H. Tipton, Judge, presiding. This was an action of assumpsit, brought by James Duquid and James Crichton against Maurice Dwyer, for the price of ■coal sold and delivered under the following special contract: “Chicago, July 9, 1872. Terms of contract between Mr. Dwyer and Duquid & Oriehton: We will commence to deliver to Mr. Dwyer, Lackawana coal at $7.50 per ton, in yard, and if coal advances, Mr. Dwyer to have one-half the advance, and we the other half, with the promise that Mr. Dwyer fills all orders before any or each advance,…
1Opinion of the CourtJustice Scholfield
By the terms of the contract between the parties in this case, nothing was said about the time when payment was to be made. In such cases, the law implies that payment is to be made on delivery of the property. Smith v. Gillett, 50 Ill. 290; Metz v. Albrecht, 52 id. 492. If, therefore, appellant refused to pay for the coal after delivery, and when payment was demanded by appellees, he was in default, and if appellees, prior to appellant’s default, had complied with their part of the contract, they were authorized to treat the contract as abandoned, and might recover in assumpsit, on the…
2Cases cited2 opinions
- Smith v. GillettIllinois Supreme Court · 1869
- Evans v. Chicago & Rock Island RailroadIllinois Supreme Court · 1861
3Cited by5 opinions
- Blackwood v. Cutting Packing Co.California Supreme Court · 1888
- Pond Creek Mill & Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1920
- Hill v. Fruita Mercantile Co.Supreme Court of Colorado · 1908
- Keeler v. CliffordAppellate Court of Illinois · 1896
- Ainsworth v. RoushAppellate Court of Illinois · 1903