Legal Opinion
Engesette v. McGilvray
Appellate Court of Illinois
Decided April 13, 1896PublishedCited by 4 opinions
Assumpsit.—Breach of contract. Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Heard in this court at the March term, 1896.
1Opinion of the CourtJustice Waterman
Appellant having given notice that he would not fulfill his contract, appellee was not bound to do a vain and useless thing, i. <?., prepare an inventory and tender the goods.
Where a contractor, before the day of performance, declares that he will not fulfill, the other party may take him at his word and at once bring suit for a breach of contract. Fox v. Kitton, 19 Ill. 519; Chitty on Contracts, Vol. 2, p. 1067; Hochester v. De La Tour, 20 Eng. Law & Eq. 157; Lee v. Pennington, 7 Ill. App. 247.
The judgment of the Circuit Court is affirmed.
2Cases cited2 opinions
- Fox v. KittonIllinois Supreme Court · 1858
- Lee v. PenningtonAppellate Court of Illinois · 1880
3Cited by4 opinions
- Farwell Construction Co. v. TicktinAppellate Court of Illinois · 1980
- American Insurance Union v. WoodardSupreme Court of Oklahoma · 1926
- Leazzo v. DunhamAppellate Court of Illinois · 1981
- Marks v. Van EeghenCourt of Appeals for the Second Circuit · 1898