Legal Opinion
Netterstrom v. Peerless Portland Cement Co.
Appellate Court of Illinois
Decided April 30, 1907No. Gen. No. 13,077PublishedCited by 1 opinion
Assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Merritt W. Pinckney, Judge, presiding.
1Opinion of the CourtJustice Baker
Plaintiff brought an action of assumpsit to recover the price or value of 1,000 barrels of Peerless Portland Cement sold and delivered by plaintiff to defendants in 1902, and recovered a judgment for $1,123. As to plaintiff’s claim there is no dispute.
The defendants set up in a plea of set-off that plaintiff entered into a contract with defendants to furnish to them 10.000 barrels of said cement, and after delivering the said 1.000 barrels, to recover the price of which the suit was brought, refused to furnish any more, and the price of cement having advanced, defendants were, by the breach…
2Cases cited3 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Ferry v. MooreAppellate Court of Illinois · 1886
- Stilwell v. Ocean Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Auto Parts Co. v. RobertsAppellate Court of Illinois · 1915