Burton v. Goodspeed
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was an action of assumpsit, by the appellees against the appellants. The declaration contains three special counts, and the common counts consolidated.
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Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was an action of assumpsit, by the appellees against the appellants. The declaration contains three special counts, and the common counts consolidated. In the first count, it is alleged that on the 25th day of June, 1872, at, etc., at the request of the defendants, through Benjamin Holbrook, their authorized agent, the plaintiffs bargained with the defendants to buy of the defendants, and the defendants, through their agent, Holbrook, sold and agreed to deliver to plaintiffs a large quantity of…
1Opinion of the CourtJustice Scholfieud
The relation existing between appellants and Holbrook, by virtue of their contract, is neither that of vendor and vendee, nor of partners. Holbrook agrees to receive coal and hoist from the vessel, and put the same on the dock, pay the lake freight, and charge the cost of hoisting and putting the coal on the dock, and the lake freight paid by him, against the coal, and to receive for docking, screening, selling and delivering the coal, including his commissions, the sum of §1.50 per ton on all coal delivered at any point outside of the yard requiring carting, and $1 per ton on all coal…
2Cases cited1 opinion
- Fishback v. BrownIllinois Supreme Court · 1854
3Cited by13 opinions
- Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
- Arbuckle Bros. v. Gates & BrownSupreme Court of Virginia · 1898
- Eau Claire Canning Co. v. Western Brokerage Co.Illinois Supreme Court · 1905
- Estate of Smythe v. EvansIllinois Supreme Court · 1904
- Gadsden County Tobacco Co. v. CorrySupreme Court of Florida · 1931
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