Legal Opinion

Sandow Motor Truck Co. v. Brown

Appellate Court of Illinois

Decided December 3, 1919No. Gen. No. 24,579Published

Appeal from the Municipal Court of Chicago; the Hon. Howabd W. Hates, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.

1Opinion of the Court

Mr. Presiding Justice Thomson

delivered the opinion of the court.

The plaintiff company brought an action in contract to recover the balance claimed to be due on the sale of a truck to the deféndant. The plaintiff also brought an action in replevin to recover possession of the truck. In the contract action the defendant filed an affidavit of merits setting up a breach of warranty and he also filed a claim for set-off, claiming damages in the sum of $500 because of the breach of warranty. By agreement the cases were consolidated and tried before the court and a jury. In the replevin suit the…

2Cases cited8 opinions

  1. Babcock v. TriceIllinois Supreme Court · 1857
  2. Hartshorn v. KinsmanAppellate Court of Illinois · 1885
  3. Sanger, Camp v. FincherIllinois Supreme Court · 1862
  4. Weaver v. PennyAppellate Court of Illinois · 1885
  5. South Chicago City Ry. Co. v. WorkmanAppellate Court of Illinois · 1896

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