Davis v. Rittenhouse & Embree Co.
Appellate Court of Illinois
Assumpsit, on an order. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the March term, 1897. Affirmed. Opinion filed October 11, 1897.
1Opinion of the CourtJustice Sears
■ This cause was brought by the appellee to recover upon an alleged oral acceptance of a written order. The order was as follows:
“ Chicago, 11, 1.4, 1895.
Mr. Sam’l Davis.
Please pay to Rittenhouse & Embree Co. the sum of five hundred twenty-seven and 19-100 dollars ($527.19) in full for all lumber delivered at your building situated between; 29th and 30th, Wabash avenue, and charge the amount to my contract. ' •
Signed : Jas. R. Scott.”
The suit resulted in verdict and judgment for appellee.
■ The evidence warranted the jury in finding that there was an oral acceptance by appellant, unqualified…
2Cases cited3 opinions
- Mason v. DousayIllinois Supreme Court · 1864
- Phelps v. NorthupIllinois Supreme Court · 1870
- Sturges v. Fourth National BankIllinois Supreme Court · 1874