McMillan v. De Tamble
Appellate Court of Illinois
Assumpsit. —Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in this court at the March term, 1000. Statement by the Court.—Appellants brought suit before a justice of the peace to recover the purchase price of a furnace claimed to have been sold to appellee under a contract embodied in the following written proposition and acceptance thereof, viz.: “ Chicago, August 8, 1895. Mb. De Tamble, Jefferson Street, City.
Read the full summary
Assumpsit. —Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in this court at the March term, 1000. Statement by the Court.—Appellants brought suit before a justice of the peace to recover the purchase price of a furnace claimed to have been sold to appellee under a contract embodied in the following written proposition and acceptance thereof, viz.: “ Chicago, August 8, 1895. Mb. De Tamble, Jefferson Street, City. Deab Sib : We propose to equip the boiler in your building on Congress street with James McMillan Smokeless Furnace, complete, for the sum…
1Opinion of the CourtJustice Wirdes
The questions presented upon the trial for the consideration of the court and jury were, in substance, first, whether appellants had performed their contract, and second, if they had not performed it, whether appellee waived performance, accepted the furnace, and was therefore liable for the contract price' notwithstanding. Ho evidence was offered by appellee claiming damages as for a breach of the contract, but his sole contention was that he never accepted the furnace. Ho assignments of error except as to instructions are argued.
It is stated by counsel for appellant that the cause was tried…
2Cases cited7 opinions
- Underwood v. WolfIllinois Supreme Court · 1890
- Doane v. DunhamIllinois Supreme Court · 1872
- Morris v. WibauxIllinois Supreme Court · 1895
- Owens v. SturgesIllinois Supreme Court · 1873
- Prairie Farmer Co. v. TaylorIllinois Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- J. I. Case Threshing Machine Co. v. PulsAppellate Court of Illinois · 1910