Cummings v. Tilton
Illinois Supreme Court
Appeal from the Circuit Court of Bureau county; the Hon. G-. S. Eldbidge, Judge, presiding. This was an action brought by the appellee against the appellant, in the court below, to recover for the alleged breach of a contract between the parties, by which appellee claims to have purchased a large number of hogs from appellant, and which he refused to deliver.
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Appeal from the Circuit Court of Bureau county; the Hon. G-. S. Eldbidge, Judge, presiding. This was an action brought by the appellee against the appellant, in the court below, to recover for the alleged breach of a contract between the parties, by which appellee claims to have purchased a large number of hogs from appellant, and which he refused to deliver. The ease was tried by the court and a jury, and a verdict found for the plaintiff for §162.10; upon which judgment was rendered, whereupon an appeal was prosecuted to this court.
1Opinion of the CourtJustice Breese
The weight of the evidence in this case, seems to be in favor of the appellant, that he did not deliver the hogs because appellee had told him he had not all the money to pay down for them. We infer from the proof, it was a cash trade, the money to be paid on delivery. If, then, the party who is to receive, informs the party who is to deliver, that he cannot pay the money, the latter is excused from offering to deliver.
It appears from the testimony of Wicks, that this was the reason why appellant did not offer to deliver the hogs, but we do not make a point on this, as there was other…
2Cases cited1 opinion
- Hungate v. RankinIllinois Supreme Court · 1858
3Cited by2 opinions
- Osgood v. SkinnerAppellate Court of Illinois · 1904
- Ainsworth v. RoushAppellate Court of Illinois · 1903