Beardsley v. Smith
Appellate Court of Illinois
Assumpsit.—Breach of contract. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding.
1Opinion of the CourtJustice Waterman
delivebed the opinion of' the Coubt.
Upon the trial the court, notwithstanding it had held good the plea of set-off, 'refused to allow the defendants the benefit of the profit, if any there was, in such contract, and the loss of such profit, if lost, on such goods. That defendants were ready, willing, able, and offered to deliver the goods, was proven. The court seemed to be of the opinion that as appellants could not tell what kind of goods appellee would have selected, therefore his contract to purchase $2,000 worth of goods was neither enforcible nor one for the breach of which damages…
2Cases cited14 opinions
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Hosmer v. WilsonMichigan Supreme Court · 1859
- Allen v. JarvisSupreme Court of Connecticut · 1849
- Hale v. TroutCalifornia Supreme Court · 1868
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3Cited by2 opinions
- Worrell v. Kinnear Manufacturing Co.Supreme Court of Virginia · 1905
- Cody v. American Educational Co.Appellate Court of Illinois · 1907