Wheeler v. Reed
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was an action of assumpsit brought in the court below by Josiah H. Reed, Horace A. Hurlbut, and Sylvester S. Bliss, against Calvin T. Wheeler, to recover damages for the breach of an alleged warranty of forty eight hundred barrels of flour, sold to the plaintiffs by the defendant in April, 1861. The defendant pleaded the general issue, and the cause was tried by a jury, who returned a verdict for the plaintiffs and assessed…
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Appeal from the Superior Court of Chicago. This was an action of assumpsit brought in the court below by Josiah H. Reed, Horace A. Hurlbut, and Sylvester S. Bliss, against Calvin T. Wheeler, to recover damages for the breach of an alleged warranty of forty eight hundred barrels of flour, sold to the plaintiffs by the defendant in April, 1861. The defendant pleaded the general issue, and the cause was tried by a jury, who returned a verdict for the plaintiffs and assessed their damages at twenty-four hundred dollars. A motion for a new trial was overruled, and judgment was entered upon the…
1Opinion of the CourtJustice Breese
This was an action of assumpsit for a breach of warranty on a sale of flour, and a verdict for the plaintiffs. The case is brought here by appeal, and appellant makes these points: That the evidence did not sustain the allegations in the declaration ; that there was no warranty of the quality of the flour made by the defendant; that if any warranty was made, it was made by defendant on behalf of his principal, and, therefore, he was not bound himself personally; there was no sufficient proof of the amount of damages, if any, which the plaintiffs were entitled to recover.
Upon the first point,…
2Cases cited6 opinions
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Mauri v. HeffernanNew York Supreme Court · 1816
- Taylor v. BeckIllinois Supreme Court · 1851
- Van Court v. BushnellIllinois Supreme Court · 1859
- Allen v. RostainSupreme Court of Pennsylvania · 1824
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3Cited by26 opinions
- Zamouski v. GerrardAppellate Court of Illinois · 1971
- United Cork Companies v. VollandIllinois Supreme Court · 1937
- Petrando v. BarryAppellate Court of Illinois · 1955
- Dunlop v. McAteeAppellate Court of Illinois · 1975
- Charles Selon & Associates, Inc. v. Estate of AisenbergAppellate Court of Illinois · 1981
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