Chisholm v. Beaman Machine Co.
Appellate Court of Illinois
Memorandum.—Appeals from th'e Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Heard in this court at the October term, 1894. One affirmed, and one affirmed on condition of a remittitur being entered.
1Opinion of the CourtJustice Gary
In substance these two cases are the same, and were tried together by the court without a jury, and are here submitted on one record.
The first is for labor and materials by the appellee furnished in constructing some brick-molding machines for the appellants, and the second is upon an acceptance given by the appellants on account of such labor and materials, as the appellee claimed, but as the appellants claimed, as an accommodation in advance of the furnishing of so much labor and materials. The burden of showing a valid defense to the acceptance was upon the appellants, and as in the other…
2Cases cited1 opinion
- Oldershaw v. KnolesAppellate Court of Illinois · 1879
3Cited by1 opinion
- Noonan v. Spoor Mackey & Co.Appellate Court of Illinois · 1895