Kadish v. Bullen
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Elliott Anthony, of the Superior Court, sitting as Circuit Judge, presiding. This was assumpsit by appellees against appellants, to recover damages for the breach of an alleged contract for the sale on the Chicago Board of Trade, of a quantity of barley.
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Appeal from the Circuit Court of Cook county; the Hon. Elliott Anthony, of the Superior Court, sitting as Circuit Judge, presiding. This was assumpsit by appellees against appellants, to recover damages for the breach of an alleged contract for the sale on the Chicago Board of Trade, of a quantity of barley. The declaration, alleges that the appellees, plaintiffs below, on December 15, 1880, sold to the defendants 100,000 bushels of barley, at $1.20 per bushel, deliverable at seller’s option, at any time during the month of January, 1881; that on January 12th, 1881, the plaintiffs tendered…
1Opinion of the Court
Wilson P. J.
The principal grounds of controversy on the trial were, first, as to whether the alleged sale was an actual, or only a pretended one, such as are known on the Board of Trade as “ wash sales ”; secondly, as to whether the sale was to the defendants, Kadish and Fleischman, jointly, or to Kadish, or to Fleischman individually.
As under the view we take of the casé, the judgment of the court below must be reversed and the cause remanded for another trial, we shall not review the evidence in detail. The testimony as to the ac'.uality of the sale was very conflicting. There was evidence…
2Cited by3 opinions
- Limousine & Carriage Manufacturing Co. v. ShadburneAppellate Court of Illinois · 1914
- Reeb v. BronsonAppellate Court of Illinois · 1915
- Lustig v. HutchinsonAppellate Court of Illinois · 1953