Richardson v. Ford
Illinois Supreme Court
The appellants brought their action in covenant, upon a contract under seal, made with the appellees, on the 9th day of July, 1852, by which the appellees covenanted to deliver to appellants, at Peru, two hundred head of good fat hogs, from the 1st to the 8th day of November then next; the appellants covenanting to appellees for all hogs of certain weight a certain price on delivery, and to advance from time to time, as appellees might require, $1,600; “ one hundred at. the…
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The appellants brought their action in covenant, upon a contract under seal, made with the appellees, on the 9th day of July, 1852, by which the appellees covenanted to deliver to appellants, at Peru, two hundred head of good fat hogs, from the 1st to the 8th day of November then next; the appellants covenanting to appellees for all hogs of certain weight a certain price on delivery, and to advance from time to time, as appellees might require, $1,600; “ one hundred at. the date of the contract, and four hundred between that time and the 1st of September then next.” The appellants averred in…
1Opinion of the CourtTreat, C. J.
The payments of one hundred dollars on the day the contract was executed, and of four hundred dollars between that time and the 1st of September, were clearly conditions precedent. The same were to be made by the plaintiffs before they could call upon the defendants to perform the contract on their part. The undertakings of the latter were all to be performed after the 1st of September. A failure by the plaintiffs to make these payments within the time limited, would authorize the defendants to treat the contract as rescinded. To sustain an action on the contract, the plaintiffs are bound to…
2Cited by16 opinions
- Henderson v. EdwardsSupreme Court of Iowa · 1921
- North v. KizerIllinois Supreme Court · 1874
- Greenberg v. NeimanAppellate Court of Illinois · 1943
- In re WalkerUnited States Bankruptcy Court, N.D. Illinois · 2013
- Germantown Passenger Ry. Co. v. Citizens Passenger Ry. Co.Supreme Court of Pennsylvania · 1892
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