Engesette v. McGilvray
63 Ill. App. 461
Ill. App. Ct.1896Check Treatmentdelivered 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.