Updike v. Henry
Illinois Supreme Court
This was an action of replevin, brought by the appellant against the appellee, in the Kane Circuit Court, Wilson, Judge, and tried at the -November term, 1852, and judg-1 ment rendered in favor of appellee, the defendant in the court below. The plaintiff below appealed. The facts of the case appear in the opinion of the court,
1Opinion of the CourtTreat, C. J.
The plaintiff was not entitled to a verdict. The evidence failed to show that he was the owner of the property in question. The defendant agreed generally to make three lumber wagons for the plaintiff within a given time. The contract did not relate to any particular wagons. It wasUn the power of the defendant to fully perform it, by the delivery of three lumber wagons of his manufacture within the time limited. It was not like a contract of sale of the three wagons that should be first made; or of that number of wagons to be made out of certain specified materials. In the case of such a…
2Cited by1 opinion
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