Engesette v. McGilvray

Decided April 13, 1896

Appellate Court of Illinois · decided 1896-04-13

<p>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.</p>

Relies on Fox v. Kitton · Lee v. Pennington

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1896-04-13

How this case has been cited

Cited by 4 later decisions — most recently May 1981

1 federal appellate · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Waterman

¶1delivered the opinion oe the Court.

¶2Appellant 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.

¶3Where 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.

¶4The judgment of the Circuit Court is affirmed.