Appellate Court of Illinois, 1916

Peerless Pattern Co. v. Barthen

Peerless Pattern Co. v. Barthen
Appellate Court of Illinois · Decided June 19, 1916 · Pam
199 Ill. App. 595; 1916 Ill. App. LEXIS 316

Peerless Pattern Co. v. Barthen

Opinion of the Court

Mr. Presiding Justice Pam

delivered the opinion of the court.

5. Damages, § 66*—what recoverable for breach of contract to purchase goods for definite period. In an action for alleged breach of a contract to purchase patterns and fashion guides for a definite period, under which goods of a certain value were to be considered as a standing debit and to draw interest throughout the term of the contract, after the expiration of which, all conditions having been fulfilled, the defendant could return all “live patterns in good sale-able condition” at the original purchase price, in payment of the standing debit, where defendant rescinded the contract and returned the patterns on hand shortly after the beginning of the term of the contract with the intention that credit be given him on the standing debit, held that plaintiff was entitled to recover the interest on the standing debit only during the period that the goods were retained and also, as minimum damages, its loss of profits sustained as a result of the failure of the defendant to purchase new patterns and as a result of the failure to order fashion guides in such numbers as were provided for in the contract.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.