McCormick v. Elston
Illinois Supreme Court
This was an action of assumpsit brought by Elston and Sleight, in the Cook Circuit Court against McCormick for the value of 100,000 brick, alleged by plaintiffs below, to have been sold to McCormick, and delivered to him in the year 1851. Plea, general issue, with notice that defendant would introduce in evidence a contract, with Elston alone, who was one of the plaintiffs, and that defendant, McCormick, would recoup, and set off, etc.
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This was an action of assumpsit brought by Elston and Sleight, in the Cook Circuit Court against McCormick for the value of 100,000 brick, alleged by plaintiffs below, to have been sold to McCormick, and delivered to him in the year 1851. Plea, general issue, with notice that defendant would introduce in evidence a contract, with Elston alone, who was one of the plaintiffs, and that defendant, McCormick, would recoup, and set off, etc. Upon the trial, the defendant below, introduced in evidence, the written .contract made between him and Daniel Elston, for the delivery of 100,000 brick, to be…
1Opinion of the CourtScates, J.
In assumpsit, the defendant declared specially, in two several counts, upon a contract for the sale and delivery to plaintiff, of one hundred thousand bricks at his factory in Chicago, for the sum of four dollars and fifty cents per thousand, and also an indebitatus count for goods generally.
The general issue was pleaded, with a notice. The notice presented as defences, a set-off, and the fact that the bricks were purchased by Elston alone, by special written contract for a certain quantity, quality, and place and times of delivery, and that neither the quantity nor quality were delivered,…
2Cases cited3 opinions
- Sammis v. ClarkIllinois Supreme Court · 1852
- Sickles v. MatherNew York Supreme Court · 1838
- Kennedy v. GibbsIllinois Supreme Court · 1854