Westphal v. Sipe
Appellate Court of Illinois
Assumpsit, goods sold, etc. .Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This suit was brought to recover the sum of $250 by reason of a contract entered into between appellees and appellant, concerning a music box.
Read the full summary
Assumpsit, goods sold, etc. .Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This suit was brought to recover the sum of $250 by reason of a contract entered into between appellees and appellant, concerning a music box. The defendant offered no evidence except that he made a tender in open court to appellees of the amount collected by the music box, which tender was accepted, and' also tendered to appellees, in open court on the trial, the music box in controversy and offered to…
1Opinion of the CourtJustice Waterman
The contract under consideration was one of sale, the' vendor to be paid weekly the amount received by the box, and in any event at the rate of two dollars a week until the sum of $250 was paid, the entire price to become due upon the failure of the vendee to remit two dollars per week.
Ho option was reserved to appellees, save in the contingency that the two dollars per week was not remitted; and the option then was to refund one-half the money appellees had received, and take back the box, instead of treating the entire amount unpaid as then due and payable. Each party acquired definite…
2Cases cited13 opinions
- Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
- Murch v. WrightIllinois Supreme Court · 1868
- Chickering v. BastressIllinois Supreme Court · 1889
- Wiggins v. City of ChicagoIllinois Supreme Court · 1873
- City of Pekin v. WinkelIllinois Supreme Court · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Calumet Electric Street Railway Co. v. Van PeltAppellate Court of Illinois · 1897
- Italian-Swiss Agricultural Colony v. PeaseAppellate Court of Illinois · 1901