Houston v. Wendnagel
Appellate Court of Illinois
Assumpsit. Appeal from the Superior Court of Cook county; the Hon. Theodore Brentatto, Judge, presiding. Statement Tby the Court. This is an action in assumpsit brought by appellees to recover damages .for an alleged failure of appellants to comply with a contract. The cause was submitted to a jury which returned a verdict in favor of appellees, assessing damages against appellants at $971. Judgment was rendered accordingly, from which defendants appeal.
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Assumpsit. Appeal from the Superior Court of Cook county; the Hon. Theodore Brentatto, Judge, presiding. Statement Tby the Court. This is an action in assumpsit brought by appellees to recover damages .for an alleged failure of appellants to comply with a contract. The cause was submitted to a jury which returned a verdict in favor of appellees, assessing damages against appellants at $971. Judgment was rendered accordingly, from which defendants appeal. Appellees are manufacturers of wooden tanks, and appellants are lumbermen having mills at several points in the southern states. October 14,…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
It is conceded in behalf of appellants that they defaulted in their contract, but contended that the breach occurred in January, 1903, when the lumber was to be cut and piled on sticks to allow it to dry. The lumber was,' however, by the terms of the original agreement to be delivered in August of that year. From the correspondence it appears that appellees would have been willing to accept it if delivered in November following. But it was never delivered and there can be no sufficient reason for claiming the breach of the…
2Cases cited2 opinions
- Summers v. Hibbard, Spencer, Bartlett & Co.Illinois Supreme Court · 1894
- Van Arsdale v. RundelIllinois Supreme Court · 1876
3Cited by2 opinions
- Wendnagel v. HoustonAppellate Court of Illinois · 1910
- Baringer v. Imperial Cotton Milling Co.Appellate Court of Illinois · 1911