Blank v. Dreher
Illinois Supreme Court
This was an action of assumpsit, brought by appellees against appellant. The first count of declaration is for twenty-eight thousand brick purchased by Blank from appellees at $5.75 per thousand, to be delivered at the depot of the Ohio and Mississippi Railroad Company in Summerfield, and alleges that said brick were there delivered accordingly. Second count is in the usual form, for twenty-eight thousand brick, sold and delivered by appellees to appellant, at his request.
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This was an action of assumpsit, brought by appellees against appellant. The first count of declaration is for twenty-eight thousand brick purchased by Blank from appellees at $5.75 per thousand, to be delivered at the depot of the Ohio and Mississippi Railroad Company in Summerfield, and alleges that said brick were there delivered accordingly. Second count is in the usual form, for twenty-eight thousand brick, sold and delivered by appellees to appellant, at his request. Appellant plead the general issue. At the March term, 1860, a trial was had by consent, by the court, and 'judgment…
1Opinion of the CourtBreese, J.
Whether an undertaking is original or collateral merely, is to be determined, not from the particular words used, but from all the circumstances attending the transaction. Both the terms of this contract, and the circumstances of the transaction, show to our minds quite conclusively, that Blank’s undertaking was collateral only.
The proof shows the brick were bought by Blank for one Cunningham, of Salem, Marion county, and so known to the sellers, Blank saying that he “ would be good for them, if Cunningham did not pay in thirty days.” The brick were forwarded to Cunningham and received by him.
2Cited by4 opinions
- Geary v. O'NeilIllinois Supreme Court · 1874
- Bonner & Marshall Co. v. HansellAppellate Court of Illinois · 1914
- Illinois Surety Co. v. MunroAppellate Court of Illinois · 1918
- Heggie v. SmithAppellate Court of Illinois · 1900