Underwood v. Wolf
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This action was brought to recover the contract price for refrigerating machines and apparatus furnished and set up by appellee for appellants in their packing house under the following contract: “ This agreement made and entered into at Chicago, this eighth day of February, 1886, by and between Fred W. Wolf, of the city of Chicago, county of Cook, State of Illinois, party of the first…
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. This action was brought to recover the contract price for refrigerating machines and apparatus furnished and set up by appellee for appellants in their packing house under the following contract: “ This agreement made and entered into at Chicago, this eighth day of February, 1886, by and between Fred W. Wolf, of the city of Chicago, county of Cook, State of Illinois, party of the first part, and Phineas L. Underwood, James Viles, Jr., and Thomas M. Jordan, being and composing the firm of Underwood &…
1Opinion of the CourtMoran, J.
The main and controlling question on this appeal is whether the fact that appellants kept and used the machines furnished by appellee after the date when, by the terms of the contract, they were to accept them if the guarantees were then fulfilled, warranted the jury in finding that the said machines were accepted as fulfilling the contract, and whether, if they were so accepted, appellants were prevented from recouping from the contract price, damages for a failure of the machine to meet the guarantees contained in the contract. Appellee’s evidence tended to show that the machines were…
2Cases cited7 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Brown v. . FosterNew York Court of Appeals · 1888
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
- McCormick v. . SarsonNew York Court of Appeals · 1871
- Crabtree v. KileIllinois Supreme Court · 1859
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3Cited by1 opinion
- Hyde v. Love Bros.Appellate Court of Illinois · 1896