Hubbard v. George
Illinois Supreme Court
Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was an action in assumpsit, originally brought in the Warren County Court, by the appellee against the appellants, to recover damages for an alleged non-performance of their contract.
Read the full summary
Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was an action in assumpsit, originally brought in the Warren County Court, by the appellee against the appellants, to recover damages for an alleged non-performance of their contract. It appears that these parties entered into a contract, by the terms of which, appellee sold to appellants between two and three hundred bushels of wheat by sample, which was to be delivered at a future time, and of the same quality as the sample. One load only of the wheat was received by appellants, and the balance…
1Opinion of the CourtChief Justice Breese
That the property in this wheat was not transferred to the appellants, seems clear, from the fact, that the plaintiff sold and delivered it to other parties.
On the point that defendants were bound by the declaration .of Hubbard, after the first load of wheat was weighed, that “ it would do,” and that such declaration was an admission that the wheat filled the sample, cannot be so regarded, for, at the time he said so, there had been but one wagon-load examined, and to that, only, could it apply. When he returned, with his partner, Belden, who examined the other loads, they were found not to…
2Cited by5 opinions
- Coburn v. California Portland Cement Co.California Supreme Court · 1904
- Shotwell-Johnson Co. v. C. O. D. Tractor Co.Supreme Court of Minnesota · 1923
- American Paper Pail & Box Co. v. OakesMissouri Court of Appeals · 1895
- United States Printing Co. v. H. O. Wilbur Co.Appellate Court of Illinois · 1901
- Russell v. LilienthalOregon Supreme Court · 1899