Ainsworth v. Roush
Appellate Court of Illinois
Assumpsit, on a written contract. Error to the Circuit Court of Kankakee County; the Hon. John Shall, Judge presiding. Heard in this court at the April term, 1903.
1Opinion of the Court
Mr. Presiding Justice Higbee
delivered the opinion of the court.
This was a suit in assumpsit, by defendant in error against plaintiff in error, for damages alleged to have been sustained by the latter, by reason of the failure of the former to comply with the terms of the following written memorandum:
“Momence, Ill., July 8th, 1901.
This is to certify that I have sold to S. E. Roush 4000 bushels of white oats at 26 cents to be delivered in the month of July or August, 1901.
Heman Ainsworth.”
Roush was a grain dealer residing in Momence, and Ainsworth a farmer living some eight miles distant from…
2Cases cited3 opinions
- Follansbee v. AdamsIllinois Supreme Court · 1877
- Dwyer v. DuquidIllinois Supreme Court · 1873
- Cummings v. TiltonIllinois Supreme Court · 1867