Sumner v. Elgin Condensed Milk Co.
Appellate Court of Illinois
Assumpsit, for goods sold, etc. Appeal from the Circuit Court of Kane County; the Hon. Henry B. Willis, Judge, presiding. Heard in this court at the October term, 1899.
1Opinion of the CourtJustice Higbee
This was a suit in assumpsit, brought by W. P. Sumner against appellee to recover a balance of $798.01 claimed to be due him from the latter.
The declaration contained the common counts and two special counts. One of the special counts charged that Sumner bought from appellee certain condensed milk, which was warranted to be sound and merchantable, but proved to be damaged and unmerchantable, whereby he lost the benefit of selling the same. The other charged that appellee guaranteed said milk to be sound and merchantable and agreed that in case the same should prove otherwise that Sumner…
2Cited by1 opinion
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