Nichols v. Guibor
Illinois Supreme Court
This was an action brought against the defendant by the plaintiff, before a justice of the peace, to recover pay for a plow, which plaintiff alleges he sold to defendant. Judgment for plaintiff below. Case appealed to Bureau Circuit Court at April term, 1857. Judgment in that court for plaintiff.
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This was an action brought against the defendant by the plaintiff, before a justice of the peace, to recover pay for a plow, which plaintiff alleges he sold to defendant. Judgment for plaintiff below. Case appealed to Bureau Circuit Court at April term, 1857. Judgment in that court for plaintiff. The defendant shows the following points in which the court erred: In permitting Linton, who was the agent of plaintiff, to testify in chief, by his signing his release, as set forth in bill, which only releases Guibor from recovering damages from Linton, but did not release Linton from the damages…
1Opinion of the CourtBreese, J.
All the points raised in this cause must be decided against the appellant.
The agent, Linton, was a competent witness on general principles for all purposes. His interest in this particular case, if he had any, was released on trial, and all objection removed.
To make the party liable under this proof, the seller was under no necessity of demanding* a return of the article. It was the business of the purchaser to return it so soon as he discovered it did not suit his purposes. There was no warranty of quality, and, therefore, it was not competent for the purchaser to prove the article was…
2Cited by3 opinions
- Climax Tag Co. v. American Tag Co.Illinois Supreme Court · 1908
- D. M. Osborn & Co. v. StanleyIllinois Supreme Court · 1864
- Becker v. BrawnerAppellate Court of Illinois · 1885