Lunt v. Wrenn
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—■ heard in that court on appeal from the Circuit Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This was an action of assumpsit, by appellants, against appellee and Trefer & Ullman. The declaration contained two special counts, to which appellee pleaded, first, the general issue; and second, the Statute of Limitations,—that the suit was not brought within five years after the cause of action accrued.
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Appeal from the Appellate Court for the First District;—■ heard in that court on appeal from the Circuit Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This was an action of assumpsit, by appellants, against appellee and Trefer & Ullman. The declaration contained two special counts, to which appellee pleaded, first, the general issue; and second, the Statute of Limitations,—that the suit was not brought within five years after the cause of action accrued. Eeplication was filed, taking issue upon the plea of the statute. The following are stipulated to be the facts: In April,…
1Opinion of the CourtChief Justice Scholfield
It would seem to be more accurate, in this class of cases, to say that the right of recovery is for the purchase money, because of the failure of the consideration upon which it was paid, than to say that it is for the breach of an implied warranty that the article is that which was professed to be sold. That which was delivered by the seller to the buyer was not that which was sold, but only a worthless counterfeit resemblance of it. The seller has got the buyer’s money, and the buyer has received nothing from him for it. It is not the case of a failure of title, but one of the non-existence…
2Cases cited6 opinions
- Paul v. City of KenoshaWisconsin Supreme Court · 1867
- Webb v. . OdellNew York Court of Appeals · 1872
- Ripley v. WitheeTexas Supreme Court · 1863
- Sidney Smith & Son v. McNairSupreme Court of Kansas · 1877
- Simms v. ClarkIllinois Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Drennan v. BunnIllinois Supreme Court · 1888
- Morton v. City of NevadaU.S. Circuit Court for the District of Western Missouri · 1890
- Morton v. City of NevadaCourt of Appeals for the Eighth Circuit · 1892
- Scaling v. KnollinAppellate Court of Illinois · 1901
- Toombs v. LewisAppellate Court of Illinois · 1934