Haywood v. Harmon
Illinois Supreme Court
The declaration was as follows : That on the 28th of April, 1854, differences arose and depended between plaintiffs, defendants and John P. Chapin, touching a certain contract for sale of '30,000 bushels of corn, by Harmon & Huntoon to Haywood & Giroux, made about 27th August, 1853, and guaranteed by said Chapin.
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The declaration was as follows : That on the 28th of April, 1854, differences arose and depended between plaintiffs, defendants and John P. Chapin, touching a certain contract for sale of '30,000 bushels of corn, by Harmon & Huntoon to Haywood & Giroux, made about 27th August, 1853, and guaranteed by said Chapin. To put an end to the same, the plaintiffs, defendants and Chapin, on the 28th April, 1854, submitted themselves to the award of George Steele, J. L. Lyon and H. H. Carpenter, arbitrators chosen by' them—mutual promises to submit to award. On the 12th October, 1854, said George…
1Opinion of the CourtScates, C. J.
We are unable to discover, in the copies of the award and account sued on, any such defect or variance as would have entitled plaintiff, Haywood, to a continuance, either before or after plea, or such as would exclude the original from being read in evidence on the grounds of variance. Giroux, in moving to vacate his default, addressed himself to the sound discretion of the court, without presenting any facts or other grounds than the same want of true copies, and a copy of the submission. In all these reasons we discover nothing to question the correctness of a refusal. And the same remark…
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