Chicago Packing & Provision Co. v. Tilton
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an action, brought by appellee against appellant, for a breach of warranty in the sale of 200 barrels of mess pork, made by appellant to appellee in October, 1874. Appellee recovered judgment for damages in the Superior Court of Cook county, and defendant appeals to this court.
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an action, brought by appellee against appellant, for a breach of warranty in the sale of 200 barrels of mess pork, made by appellant to appellee in October, 1874. Appellee recovered judgment for damages in the Superior Court of Cook county, and defendant appeals to this court. The proof shows, that the sale was made on the board of trade; that the seller was a member of the board, was also a manufacturer of mess pork, and also was in the habit of buying and selling pork on the board of trade, on…
1Opinion of the CourtJustice Dickey
The first instruction given at the request of appellee, ought not to have been given without qualification. It seems to ignore the proof tending to show that appellant professed to act, in making the sale, as a mere dealer in produce, and not as a manufacturer, and professed to be selling for other parties, and not for itself, and it ignores the proof tending to show that it was the rule, universally recognized on .the board of trade, that the buyer of produce, taking it without inspection, takes the same at his own risk. It is insisted by appellee, that other proofs in the case disprove…
2Cited by12 opinions
- Chicago & Alton Railroad v. HarringtonIllinois Supreme Court · 1901
- Cobb v. DunlevieWest Virginia Supreme Court · 1908
- Emery v. GinnanAppellate Court of Illinois · 1887
- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.