Illinois Glass Co. v. Three States Lumber Co.
Appellate Court of Illinois
Assumpsit, on a breach of contract. Appeal from the Circuit Court of Alexander County; the Hon. Joseph P. Robabts, Judge, presiding. Heard in this court at the February term, 1900.
1Opinion of the Court
Mr. Presiding Justice Bigelow
delivered the opinion of the court.
It is to be regretted that the record comes here in its present shape, as we are somewhat uncertain as to the course to pursue in disposing of the case.
If we reverse the judgment and remand the cause for the reason that the plaintiff avers, in effect, in its declaration, that the defendant did not deliver free on board the cars at Cairo, 3,000,000 feet of lumber, by at least 260,255 feet (and defendant by its demurrer admits this allegation to be true), and refuse to go further, as we may do, we shall not have touched the case as…
2Cases cited2 opinions
- Fowler v. BlackIllinois Supreme Court · 1891
- Metz v. AlbrechtIllinois Supreme Court · 1869
3Cited by3 opinions
- Southern Pub. Ass'n v. Clements Paper Co.Tennessee Supreme Court · 1917
- Fort Dearborn Coal Co. v. Newaygo Portland Cement Co.Michigan Supreme Court · 1925
- New York Oversea Co. v. Warfield-Pratt-Howell Co.California Court of Appeal · 1925