Legal Opinion

Moore v. Morris

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 1 opinion

This was ail" action of assumpsit, commenced February 12, 1856, in Rock Island Circuit «Court, and change of venue to Peoria county, and trial, March term, 1858, before Powell, Judge, and a jury. The declaration contained the common counts, and for goods and chattels, oxen, steers, cows and heifers, sold and delivered to defendant.

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This was ail" action of assumpsit, commenced February 12, 1856, in Rock Island Circuit «Court, and change of venue to Peoria county, and trial, March term, 1858, before Powell, Judge, and a jury. The declaration contained the common counts, and for goods and chattels, oxen, steers, cows and heifers, sold and delivered to defendant. The pleas set forth an agreement in writing, dated June 27th, 1854, between the parties, by which Moore agreed to sell to Morris from eighty to one hundred cattle, to be kept by Moore until 1st of May, 1855, and then to deliver the same to Morris at Samuel…

1Opinion of the CourtBreese, J.

This was an action of assumpsit, brought by plaintiff in error against the defendant in error, for goods and chattels, oxen, etc., sold and delivered to the defendant.

The defendant set up, by proper pleas, an agreement with the plaintiff to receive payment for the cattle at three dollars and fifty cents per hundred pounds, “ in good current money of this State,” and the controversy turns principally on the defendant’s performance of this agreement by so paying.

There was also another agreement to arbitrate the matter set up in the pleadings, Judge Wilkinson being chosen as arbitrator.

On the…

2Cited by1 opinion

  1. Galena Insurance v. KupferIllinois Supreme Court · 1862

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