Legal Opinion

Fairbanks v. Owensboro Wagon Co.

Appellate Court of Illinois

Decided December 2, 1897Published

Assumpsit, on a guaranty. Appeal'from the Circuit Court of Piatt County; the Hon. Francis M. Wright, Judge, presiding. Heard in this court at the May term, 1897. Affirmed. Opinion filed December 2, 1897.

1Opinion of the CourtJustice Burroughs

This is a suit in assumpsit, brought by appellee against appellant, in the Circuit Court of Piatt County, to recover the sum of $1,032.25 for a bill of wagons, sold by appellee to one E. E. Carver, upon a written guaranty by appellant that said Carver would pay appellee for the said wagons.

The contract between appellant and appellee is contained in the. written order and letters hereinafter copied in this opinion.

On July 12, 1895, a representative of appellee called on said Carver at his place of business in Mansfield, Ill., and took from him an order as follows :

“Mansfield, III., July 12,…

2Cases cited5 opinions

  1. Hypes v. GriffinIllinois Supreme Court · 1878
  2. Sperry v. FanningIllinois Supreme Court · 1875
  3. Stobie v. DillsIllinois Supreme Court · 1872
  4. Williams v. Miami Powder Co.Appellate Court of Illinois · 1890
  5. Kinsley v. CharnleyAppellate Court of Illinois · 1889

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