Legal Opinion

Gaynor v. Harding

Appellate Court of Illinois

Decided June 21, 1898PublishedCited by 2 opinions

Assumpsit, for merchandise sold and delivered. Trial in the Superior Court of Cook County, on appeal from a justice of the peace; the Hon. Theodore Brentano, Judge, presiding. Hearing by the court without a jury. Finding and judgment for plaintiff, $126.36. Appeal by defendant.

1Opinion of the CourtJustice Freeman

Appellee obtained a judgment before a justice of the peace against appellant, from which an appeal was taken to the Superior Court of Cook County, where, the jury having been, waived, the case was tried by the court and a judgment was entered for $126.36 for the plaintiff.

The controversy in this case is purely one of fact. There is no denial that the hardware furnished by appellee was actually used in the buildings owned by appellant, and for his benefit, and that the prices charged therefor were reasonable and proper. The only contention is whether the hardware was ordered by and sold…

2Cases cited1 opinion

  1. Bishop v. BusseIllinois Supreme Court · 1873

3Cited by2 opinions

  1. Hercules Coal & Mining Co. v. Central Investment Co.Appellate Court of Illinois · 1901
  2. Jakl v. PavlikAppellate Court of Illinois · 1901

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