Smith v. Gillett
Illinois Supreme Court
‘Appeal from the Circuit Court of Sangamon county; the Hon. Edwabd Y. Bice, Judge, presiding. This was an action of assumpsit, brought in the court below, by Smith, against Gillett, for failing to deliver a lot of cattle ivhich the plaintiff claimed to have purchased from the defendant, at a certain price per hundred pounds.
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‘Appeal from the Circuit Court of Sangamon county; the Hon. Edwabd Y. Bice, Judge, presiding. This was an action of assumpsit, brought in the court below, by Smith, against Gillett, for failing to deliver a lot of cattle ivhich the plaintiff claimed to have purchased from the defendant, at a certain price per hundred pounds. The declaration contained six counts, but it is only necessary to consider the fourth, which alleged, substantially, that on the--day of January, A. D. 1867, plaintiff, at the instance and request of defendant, bargained with defendant to buy of defendant, and defendant…
1Opinion of the CourtChief Justice Breese
This was an action of assumpsit, in the Sangamon Circuit Court, brought by Hallam B. Smith, against John D. Gillett, for failing to deliver a lot of cattle which plaintiff claimed to have purchased of the defendant at a certain price per hundred pounds.
There was no place of delivery agreed upon.
The court, on motion of the defendant, excluded the plaintiff’s evidence from the jury, and a verdict was found for the defendant. The plaintiff excepted at the time to this ruling of the court, excluding his evidence, and the propriety of this, is the material question before this court.
Appellant…
2Cases cited6 opinions
- City of Aurora v. WestIndiana Supreme Court · 1864
- Deshler v. BeersIllinois Supreme Court · 1863
- Hayward v. OrmsbeeWisconsin Supreme Court · 1860
- Funk v. HoughIllinois Supreme Court · 1862
- Polk v. StateSupreme Court of Missouri · 1837
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Yarber v. Chicago & Alton Railway Co.Illinois Supreme Court · 1908
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Ray v. ThomasTennessee Supreme Court · 1950
- Pajak v. MamschAppellate Court of Illinois · 1949
- Janney v. SleeperSupreme Court of Minnesota · 1883
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