Cary v. Niblo
Appellate Court of Illinois
Assumpsit. Appeal from the Circuit Court of Richland county; the Hon. J. R. Creighton, Judge, presidng. Heard in this court at the October term, 1909.
1Opinion of the CourtJustice Duncan
Appellants sued appellees in assumpsit in the lower court to recover $763 alleged to he due on account for marbles, granite, tombstones, monuments, etc., sold and delivered to appellees by appellants from September 22, 1906, to December 19, 1906. Appellees filed the general issue with notice of a set-off by reason of $560 paid by appellees to appellants in October 1903, on what is known in the record as the “Hinkley monument” which appellants sold appellees by sample, and represented that it was Barre granite and free from sap or iron. It is also stated in the notice that said material in the…
2Cases cited11 opinions
- Keegan v. KinnareIllinois Supreme Court · 1887
- Higbie v. RustIllinois Supreme Court · 1904
- Allen v. StengerIllinois Supreme Court · 1874
- Laflin v. HoweIllinois Supreme Court · 1885
- Whetstone v. ThomasIllinois Supreme Court · 1861
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3Cited by1 opinion
- Streeter v. JunkerAppellate Court of Illinois · 1923