Powell v. Feeley
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. Feeley sold Powell two hundred and twenty-seven bushels of wheat, Powell agreeing to pay the highest price paid that day at Oneida, and upon this condition Feeley let Powell have the wheat.
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Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. Feeley sold Powell two hundred and twenty-seven bushels of wheat, Powell agreeing to pay the highest price paid that day at Oneida, and upon this condition Feeley let Powell have the wheat. Powell paid Feeley two hundred and twenty-seven dollars, or at the rate of one dollar per bushel, and Feeley claiming that the wheat, when delivered, was worth more, and that he could have got more than the one dollar per bushel, hut, relying upon the promise of Powell, delivered it to him, brought his suit before a…
1Opinion of the CourtJustice Walker
delivered the opinion of the Court: It has been so long and so frequently held by this court, that in a suit before a justice of the peace, the pleadings being oral, a party is entitled to recover if he established any cause of action of which the justice of the peace had jurisdiction, and this, too, by whatever name he may call his action, that we deem it unnecessary to discuss the question raised on the first of appellee’s instructions. It could not matter.if he, in his account, did say that appellant was' guilty of fraud in the purchase of the wheat. That did not deprive appellee of…
2Cited by6 opinions
- Joynt v. BarnesAppellate Court of Illinois · 1979
- Baltimore & Ohio Southwestern Railway Co. v. KeckIllinois Supreme Court · 1900
- Finn v. Carnegie-Illinois Steel CorporationDistrict Court, W.D. Pennsylvania · 1946
- Doherty v. Schipper & Block, Inc.Appellate Court of Illinois · 1910
- World's Columbian Exposition v. ThompsonAppellate Court of Illinois · 1895
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