Canton Union Coal Co. v. Parlin & Orendorff Co.
Appellate Court of Illinois
Action of assumpsit. Appeal from the Circuit Court of Fulton County; the Hon. Robert J. Grier, Judge, presiding. Heard in this court at the November term, 1903.
1Opinion of the CourtJustice Puterbaugh
This is an action in assumpsit by appellant against appellee to recover for coal sold and delivered. The declaration consists of the common counts, to which were interposed a number of pleas, including that of accord and satisfaction. At the close of all the evidence, under the instructions of the court, the jury returned a verdict for the defendant. Judgment was entered thereon in bar of the action, to reverse which plaintiff appeals.
The trial court directed the verdict for the defendant upon the theory that under the facts in evidence, which are uncontroverted, and as a matter of law, a…
2Cases cited11 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Ostrander v. ScottIllinois Supreme Court · 1896
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
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3Cited by4 opinions
- Sears, Sucsy & Co. v. Insurance Company of No. Amer.District Court, N.D. Illinois · 1974
- Drewry-Hughes Co. v. DavisSupreme Court of North Carolina · 1909
- Thomas J. Lowrance v. Stephen J. HackerCourt of Appeals for the Seventh Circuit · 1989
- Lase Co. v. Wein Products, Inc.District Court, N.D. Illinois · 1973