Eureka Cast Steel Co. v. Frog
Appellate Court of Illinois
In error to the Superior Court of Cook County; the Hun. Elliott Anthony, Judge, presiding. This was an action by the defendant in error as buyer, against the plaintiff in error as manufacturer and seller, to recover back the price paid by former to the latter, of twenty-five frog points, as upon the rescission of the contract.
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In error to the Superior Court of Cook County; the Hun. Elliott Anthony, Judge, presiding. This was an action by the defendant in error as buyer, against the plaintiff in error as manufacturer and seller, to recover back the price paid by former to the latter, of twenty-five frog points, as upon the rescission of the contract. The declaration contained two special counts upon an executory contract of sale of articles of a specific quality and description and the common counts. The pleas were the general issue and a special plea of accord and satisfaction on which issues were formed, a trial…
1Opinion of the CourtMcAllister, P. J.
The contract created by the giving and acceptance of the written order of June 28, 1883, was an executory contract for the manufacture and sale on the part of the defendant below, for and to the plaintiff, of the articles mentioned of a particular kind and description, and on the part of the plaintiff below to accept and pay for them at the price stated.
In such case the law is well settled, that it was a condition precedent to the seller’s right to the price, that the articles the defendant had delivered under such contract should answer the description; and there was an implied undertaking…
2Cases cited4 opinions
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
- Wolf v. DietzschIllinois Supreme Court · 1874
- Shields v. ReibeAppellate Court of Illinois · 1882
3Cited by7 opinions
- Foley & Co. v. Excelsior Stove & Manufacturing Co.Appellate Court of Illinois · 1932
- Barker v. TurnbullAppellate Court of Illinois · 1894
- McLeod v. Andrews & Johnson Co.Appellate Court of Illinois · 1904
- M. Hommel Wine Co. v. NetterAppellate Court of Illinois · 1916
- Lahiv v. FleishmanAppellate Court of Illinois · 1911
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