Searing v. Butler
Illinois Supreme Court
Appeal from the Circuit Court of Livingston county; the Hon. Charles H. Wood, Judge, presiding. This was an action of assumpsit, by Josiah B. Butler and Windsor P, Freeman, partners, against Aaron B. Searing and Joseph B, Searing, partners. The declaration contained three special and the common counts.
Read the full summary
Appeal from the Circuit Court of Livingston county; the Hon. Charles H. Wood, Judge, presiding. This was an action of assumpsit, by Josiah B. Butler and Windsor P, Freeman, partners, against Aaron B. Searing and Joseph B, Searing, partners. The declaration contained three special and the common counts. The first count averred, in substance, that plaintiffs were commission merchants in Chicago, on July 29,1871, and that defendants employed plaintiffs to sell for them in Chicago 5000 bushels of No. 2 spring wheat, to be delivered by defendants at any time, at their option, during the year 1871;…
1Opinion of the CourtJustice Sheldon
On the 29th day of July, 1871, Freeman, one of the firm of Butler & Freeman, the appellees, commission merchants in Chicago, received an order from Searing Bros., the appellants, at Chatsworth, 111., where the latter resided, to sell for appellants in Chicago 5000 bushels of ISTo. 2 spring wheat, “seller the year,” that is, the seller to deliver the grain at his option at anytime during the current year. The order was telegraphed to the firm at Chicago, and on the Monday following, July 31, 1871, appellees sold the wheat for appellants, and notified them, by telegraph and by letter of that…
2Cases cited2 opinions
- Foster v. RockwellMassachusetts Supreme Judicial Court · 1870
- Williams v. MerrittIllinois Supreme Court · 1860
3Cited by11 opinions
- Freeport Journal-Standard Publishing Co. v. Frederic W. Ziv Co.Appellate Court of Illinois · 1952
- Barbour v. Scottish-American Mortgage Co.Illinois Supreme Court · 1881
- Montgomery v. Van RonkSupreme Court of Pennsylvania · 1937
- Allen v. McAllisterWashington Supreme Court · 1905
- Burns v. LaneAppellate Court of Illinois · 1887
6 more not listed; retrieve them via the Exa API.