Luetgert v. Volker
Appellate Court of Illinois
Memorandum.—Assumpsit for goods sold, etc. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding.
1Opinion of the CourtJustice Gary
The appellee sued the appellant for the price of 28,564 pounds of sausages at thirteen cents per pound, sold and delivered to the appellant by the appellee, about July 1, 1889, to be paid for in twenty days from delivery.
The defense was bad quality of the sausages, that the sale was by sample, etc. The jury found specially that the sale was not by sample, and by that finding in effect found, when the evidence in the case is considered, that the sale was without warranty or fraud. This finding was amply justified by the evidence.
The appellant went through the stock and examined it as much as…
2Cases cited3 opinions
- Morris v. WibauxAppellate Court of Illinois · 1893
- Titley v. Enterprise Stone Co.Illinois Supreme Court · 1889
- Becker v. BrawnerAppellate Court of Illinois · 1885
3Cited by1 opinion
- Rayner v. ReesAppellate Court of Illinois · 1895