Leonard v. Porter

Opinion by

Will-son, J.

§ 55. Executory contract; resale of property by vendor; notice of intention to resell must be alleged and proved to entitle vendor to recover, etc.; case stated. Appellant sued appellee for damages for breach of an executory contract. In substance the contract was, appellee agreed to purchase of appellant certain hides for a specified price. Appellant alleged that appellee refused to perform said contract; refused to receive said hides when tendered to him; that said hides were such as were called for by the terms of the contract, etc.; that appellant thereafter sold…