Morris v. Wibaux
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. The parties to this action entered into a contract hereinafter set out. Appellee seeks to recover from appellant the contract price for cattle delivered in September and not paid for, which claim is made under the common counts of his declaration.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. The parties to this action entered into a contract hereinafter set out. Appellee seeks to recover from appellant the contract price for cattle delivered in September and not paid for, which claim is made under the common counts of his declaration. By an additional special count he seeks to recover interest at ten per cent, from September 7, 1890, under the Montana statute, on the contract price of such cattle so sold and…
1Opinion of the CourtJustice Phillips
It is first urged by appellant, that as appellee seeks to recover, under the contract, for September deliveries, the burden is upon him to show the cattle so delivered were of the kin d and description called for by the contract. The written instrument constituted the contract between the parties, and from it the undertaking of the parties is to be determined. Whether a warranty is embraced in a written contract is a question of law for the consideration of the court, and it is a question of fact for the jury, when the contract is parol, whether the expressions are sufficiently definite to…
2Cases cited17 opinions
- Underwood v. WolfIllinois Supreme Court · 1890
- Commercial Insurance v. ScammonIllinois Supreme Court · 1888
- John A. Roebling's Sons' Co. v. Lock Stitch Fence Co.Illinois Supreme Court · 1889
- Merrigan v. EnglishMontana Supreme Court · 1889
- Hill v. HobartSupreme Judicial Court of Maine · 1839
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Orenstein v. KahnSupreme Court of Delaware · 1922
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
- Burt v. Garden City Sand Co.Illinois Supreme Court · 1908
- Taylor v. Scott, Foresman & Co.Appellate Court of Illinois · 1913
- Midland Credit Adjustment Co. v. DonnelleyAppellate Court of Illinois · 1920
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