TaiLexi AI U.S. Case Law

Engesette v. McGilvray

J. Engesette v. Donald H. McGilvray

Engesette v. McGilvray, 63 Ill. App. 461 (1896)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Court of Illinois · State Appellate Courts
Decided
April 13, 1896
Judges
Waterman
Citations
63 Ill. App. 4611896 Ill. App. LEXIS 839
Disposition
Affirmed.
Cited by 4
Headnotes
1. Contracts—Declaration that a Patty will not Fulfill—Suit.— 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 the contract.
Summary
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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Waterman

Text extracted by OCR from a scanned original; check the original for exact wording.

Mr. Justice Waterman delivered the opinion oe the Court.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →
1898: 11926: 11980: 11981: 118982026peak 1898 · 1

Relies on it most ⓘ

  1. Farwell Construction Co. v. Ticktin405 N.E.2d 1051 (Ill. App. Ct. 1980)
  2. American Insurance Union v. Woodard1926 OK 546, 247 P. 398
  3. Leazzo v. Dunham420 N.E.2d 851 (Ill. App. Ct. 1981)
  4. Marks v. Van Eeghen85 F. 853 (2d Cir. 1898)

Most recent

  1. Leazzo v. Dunham420 N.E.2d 851 (Ill. App. Ct. 1981)
  2. Farwell Construction Co. v. Ticktin405 N.E.2d 1051 (Ill. App. Ct. 1980)
  3. American Insurance Union v. Woodard1926 OK 546, 247 P. 398
  4. Marks v. Van Eeghen85 F. 853 (2d Cir. 1898)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Fox v. Kitton, 19 Ill. 519 (1858) 30
Lee v. Pennington, 7 Ill. App. 247 (1880) 6

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list