Haverstick v. Fergus
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was an action of replevin, by Levi M. Haverstiok against Robert Fergus, George H. Fergus, John B. Fergus and W. Scott Fergus, for the recovery of a steam boiler which the plaintiff claimed to have bought. The court found for the defendants, and rendered judgment accordingly, from which the plaintiff appealed.
1Opinion of the CourtChief Justice Breese
There is no ground for maintaining the action of replevin on the facts appearing in this record.
The most that appellant could claim is, that appellees had not performed their contract in respect to the sale of the boiler. The article never was in appellant’s possession, nor had he the right of possession. The remedy for a failure to perform the contract was by an action for the breach—replevin will not lie. Low v. Freeman, 12 Ill. 467.
But admitting the action will lie, the weight of evidence is clearly in favor of appellees on all the points made, and the court, sitting as a jury, decided…
2Cases cited1 opinion
- Low v. FreemanIllinois Supreme Court · 1851
3Cited by1 opinion
- Morgan v. EastIndiana Supreme Court · 1890