Legal Opinion

Wendnagel v. Houston

Appellate Court of Illinois

Decided June 3, 1910No. Gen. No. 14,976PublishedCited by 8 opinions

Assumpsit. Appeal from the Superior Court of Cook county; the Hon. Geoege A. Dupuy, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908.

1Opinion of the Court

Mr. Presiding Justice Chytraus

delivered the opinion of the court.

This is an action of assumpsit to recover damages for breach of contract in that defendants failed to deliver 100,000 feet of oak lumber which the plaintiffs had purchased of the defendants. The contract of purchase was made in October 1902, at $41 per thousand feet, for delivery about August 1903. By a later agreement the time of delivery was extended to November 1903. The case has been before this court once before. Houston v. Wendnagel, 135 Ill. App. 95.. On that former occasion the plaintiffs had recovered a judgment, but…

2Cases cited4 opinions

  1. Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
  2. Bagley v. FindlayIllinois Supreme Court · 1876
  3. Houston v. WendnagelAppellate Court of Illinois · 1907
  4. James H. Rice Co. v. Penn Plate Glass Co.Appellate Court of Illinois · 1904

3Cited by8 opinions

  1. Illinois Central Railroad v. CrailSupreme Court of the United States · 1930
  2. United States v. Palmer & Parker Co.Court of Appeals for the First Circuit · 1932
  3. Texas and New Orleans Railroad Co. v. H. Rouw Co.Court of Appeals of Texas · 1954
  4. Smith v. New York, Ontario & Western RailroadNew York Supreme Court · 1922
  5. Brown Coal Co. v. Illinois Central RailroadSupreme Court of Iowa · 1923

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