Heath & Milligan Mfg. Co. v. National Linseed Oil Co.
Appellate Court of Illinois
Assumpsit.—Common counts. Appeal from the Circuit Court of Cook County; the Hon. Elbridue Hanecy. Judge, presiding. Heard in the Branch Appellate Court at the March term, 1900. Statement by Mr. Justice Horton. Appellant first commenced a suit against appellee. Afterward appellee commenced a suit against appellant. Both of said suits grew out of the delivery of oil upon the contracts hereinafter mentioned.
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Assumpsit.—Common counts. Appeal from the Circuit Court of Cook County; the Hon. Elbridue Hanecy. Judge, presiding. Heard in the Branch Appellate Court at the March term, 1900. Statement by Mr. Justice Horton. Appellant first commenced a suit against appellee. Afterward appellee commenced a suit against appellant. Both of said suits grew out of the delivery of oil upon the contracts hereinafter mentioned. The two suits were by stipulation consolidated, a jury waived and the cause submitted to the court for trial. There is no question upon the pleadings. Upon the trial the court found for the…
1Opinion of the CourtJustice Horton
Under the stipulation of facts in this case the only question to be determined is whether, under the contracts between the parties, there should be delivered the statutory gallon of 7.761 pounds of linseed oil or the so-called commercial gallon of seven and one-half pounds. (Counsel have used the words “ statutory gallon ” and “ commercial gallon,” which we adopt for brevity and definiteness.
All of the contracts are for a given number of gallons. In none of them is there any provision as to the number of pounds in a gallon. Therefore the contracts must be held to be for statutory gallons,…
2Cases cited1 opinion
- D. M. Osborne & Co. v. RichAppellate Court of Illinois · 1894
3Cited by2 opinions
- Heath & Milligan Manufacturing Co. v. National Linseed Oil Co.Illinois Supreme Court · 1902
- Heath & Milligan Mfg. Co. v. National Linseed Oil Co.Appellate Court of Illinois · 1901