Appellate Court of Illinois, 1917

Central Funding Co. v. Gibson

Appellate Court of Illinois · Decided April 13, 1917 · Boggs

206 Ill. App. 236

Opinion of the Court

Mr. Justice Boggs

delivered the opinion of the court.

3. Contracts, § 267*—what are remedies of party upon receipt, before performance, of notice of intention not to perform. Where one party to a contract gives notice before the time of performance arrives that he does not intend to perform, the other party may treat such notice as a breach and bring his action, or may decline to accept such notice as a breach and insist that the contract shall remain in force up to the time fixed for its final performance, holding the party refusing to perform responsible for the consequence of such refusal.

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