O'Neall v. Calhoun
Illinois Supreme Court
Appeal from the Circuit Court of Livingston county; the Hon. Charles H. Wood, Judge, presiding. This was an action by John Y. Calhoun, against William O’Neall, John C. O’Neall and William Beeler, upon a promissory note. The facts of the case appear in the opinion.
1Opinion of the CourtJustice Thornton
Calhoun sold thirty fine goats to the O’Nealls in consideration of $500, paid in hand, and of two notes for $1000 each.
One of the notes was assigned to Stevenson, who, in 1871, obtained a judgment upon it for $363.63, debt, and $128.17, damages, when, at that time, the amount due by the face of the note was over $1400. The same defense was made in that as in this case—that the goats were warranted to be sound, their wool warranted to be worth from $8 to $15 per pound, and that there was a breach of warranty. The sum of nearly $1000 was allowed as damages for a breach of the warranty.
The…
2Cases cited1 opinion
- Rawson v. CurtissIllinois Supreme Court · 1858
3Cited by3 opinions
- Town of Carthage v. BucknerAppellate Court of Illinois · 1881
- Sargeant v. MarshallAppellate Court of Illinois · 1890
- McElroy v. Catholic Press Co.Appellate Court of Illinois · 1911