Horwich v. Western Brewery Co.
Appellate Court of Illinois
Assumpsit, for goods sold, etc. Error to the City .Court of East St. Louis; the Hon. Silas Cook, Judge, presiding. Heard in this court at the August term, 1900. Statement. — Plaintiff in error resides in Chicago and is a dealer in glassware, including beer bottles; defendant in . error is in the business of brewing and selling beer at Belle-ville in this State..
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Assumpsit, for goods sold, etc. Error to the City .Court of East St. Louis; the Hon. Silas Cook, Judge, presiding. Heard in this court at the August term, 1900. Statement. — Plaintiff in error resides in Chicago and is a dealer in glassware, including beer bottles; defendant in . error is in the business of brewing and selling beer at Belle-ville in this State.. The matter in controversy grows out of correspondence by letters and by telegrams between the parties, as follows: “ Belleville, Ill., June 24, 1898. B. Horwich, Chicago, Ill. Dear Sir : Quote us price on two car loads of bottles, one…
1Opinion of the CourtJustice Bigelow
The theory of plaintiff in error seems to be, that there was a sale of the bottles in presentí at Chicago; that the risk of breakage while the goods were in transit from Chicago was with defendant in error, and that the failure of the buyer to return, or offer to return the goods is a sufficient acceptance of them, amounting to an absolute sale; and accordingly the action is brought for the balance of the purchase price of the bottles. The theory of defendant in error’s defense does not specifically deny this position, and so far as mere pleading is concerned, the amount claimed by plaintiff…
2Cases cited9 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Hight v. BaconMassachusetts Supreme Judicial Court · 1878
- Kohl v. LindleyIllinois Supreme Court · 1866
- Pottlitzer v. WessonIndiana Court of Appeals · 1893
- Martin v. WhiteAppellate Court of Illinois · 1891
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3Cited by2 opinions
- George v. CrowderCourt of Appeals for the Fourth Circuit · 1923
- Central Commercial Co. v. Lehon Co.Appellate Court of Illinois · 1912