Smith v. Whitham
Appellate Court of Illinois
Appeal from the Circuit Court of Livingston county; the Hon. George W. Patton, Judge, presiding. Heard in this court at the April term, 1916.
1Opinion of the CourtJustice Dibell
Appellee sued appellant in assumpsit to recover a lumber bill amounting to $666.52. Defendant pleaded the general issue, and a separate plea of recoupment for damages alleged to have been sustained by appellant because the lumber was not delivered when it should have been. There was a jury trial and a disagreement. Thereafter appellant filed a qualified plea of the general issue and a plea of tender and payment into court of $474, made up of $8.95 accrued costs and $465.05 admitted to be due upon the bill. This plea of tender was filed February 5, 1916. Appellee filed a replication thereto,…
2Cases cited10 opinions
- Illinois Central Railroad v. Cobb, Christy & Co.Illinois Supreme Court · 1872
- Higgins v. HalliganIllinois Supreme Court · 1867
- Carpenter v. First National BankIllinois Supreme Court · 1887
- Supreme Tent of Knights of the Maccabees v. HammersAppellate Court of Illinois · 1899
- County of Jo Daviess v. StaplesAppellate Court of Illinois · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Whitney-Kemmerer v. KearnsCourt of Appeals for the Seventh Circuit · 1925
- C. A. Watson & Sons v. American Paper Products Co.Appellate Court of Illinois · 1923