Eggleston v. Buck
Illinois Supreme Court
This was an action of assumpsit, brought by appellee against appellant in La Salle County Court, at December term, 1858. The declaration contained only the common counts for goods sold and delivered by defendant to plaintiff, for money had and received, etc. Copy of account sued, being $1,000 for money loaned, $1,000 for labor performed, $1,000 for goods sold and delivered, and $1,000 due on account stated. Plea, general issue.
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This was an action of assumpsit, brought by appellee against appellant in La Salle County Court, at December term, 1858. The declaration contained only the common counts for goods sold and delivered by defendant to plaintiff, for money had and received, etc. Copy of account sued, being $1,000 for money loaned, $1,000 for labor performed, $1,000 for goods sold and delivered, and $1,000 due on account stated. Plea, general issue. Leave was given plaintiff to file notice of set-off, with bill of particulars. There was a verdict in favor -of plaintiff below, and his damages were assessed at…
1Opinion of the CourtBreese, J.
The first point made by the appellant, Eggleston, is the only one we deem necessary to be noticed in order to a decision of this case. He contends that evidence of a sale made by Corning & Co. to him, in consideration of which he promised to pay a part of the purchase money to the appellee Buck, the plaintiff below, cannot be given in evidence under the common counts for goods bargained and sold generally, by the appellee to the appellant, but he should have declared specially.
The evidence does not make out precisely the point as stated. The proof by Neef is, that when he, as the agent of…
2Cases cited3 opinions
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- Chesapeake and Ohio Canal Company v. Knapp and OthersSupreme Court of the United States · 1835
- Evans v. WadkinsIndiana Superior Court · 1872
3Cited by11 opinions
- Fish v. FarwellIllinois Supreme Court · 1895
- George H. Hess Co. v. DawsonIllinois Supreme Court · 1894
- Wike v. CampbellSupreme Court of Colorado · 1879
- Lawrence v. OglesbyIllinois Supreme Court · 1899
- Parmly v. FarrarIllinois Supreme Court · 1897
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