Legal Opinion

Hart v. Carsley Manufacturing Co.

Appellate Court of Illinois

Decided October 4, 1904No. Gen. No. 11,495PublishedCited by 1 opinion

Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in this court at the October term, 1903.

1Opinion of the Court

Mr. Presiding Justice Windes

delivered the opinion of the court.

A preliminary question is presented, viz., as to whether there can be any recovery in this case on the common counts, the trial court having held that the contract between the parties was not admissible in evidence under the special count, but was competent only under the common counts, and that ruling not being questioned. In view of the recent case of Foster v. McKeown, 192 Ill. 339-48, we deem it unnecessary to make any review of the numerous authorities referred to by appellants’ counsel. ' That case is quite similar in its…

2Cases cited11 opinions

  1. Wadhams v. SwanIllinois Supreme Court · 1884
  2. Whalen v. StephensIllinois Supreme Court · 1901
  3. Foster v. McKeownIllinois Supreme Court · 1901
  4. W.H. Stubbings Co. v. World's Columbian Exposition Co.Appellate Court of Illinois · 1903
  5. Arnold v. BourniqueIllinois Supreme Court · 1893

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3Cited by1 opinion

  1. Kleinschnittger v. DorseyAppellate Court of Illinois · 1910

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