Capen v. De Steiger Glass Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of McLean county; the Hon. Oweñ T. Beeves, Judge, presiding. This was an action of assumpsit, brought by the De Steiger Glass Company, against C. M. & J. S. Capen, to recover the price of fifty-four gross of Mason’s patent fruit jars, sold and delivered. The contract price was $16 per gross.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of McLean county; the Hon. Oweñ T. Beeves, Judge, presiding. This was an action of assumpsit, brought by the De Steiger Glass Company, against C. M. & J. S. Capen, to recover the price of fifty-four gross of Mason’s patent fruit jars, sold and delivered. The contract price was $16 per gross. The defence was that the plaintiff, had. sold and agreed to deliver to the defendants five hundred gross. There was a contract between the parties for eight ear loads, or five hundred gross, of…
1Opinion of the CourtChief Justice Scott
This action was brought by the De Steiger Glass Company, against C. M.-& J. S. Capen, to recover for fifty-four gross of the Mason patent fruit jars, at the rate of $16 per gross, which plaintiff had sold and delivered to defendants. There is no controversy as to the number of jars plaintiff had delivered to defendants, nor as to the number not paid for, or as to the price. ' The defence insisted upon is, that plaintiff had contracted to -sell- and deliver to defendants five hundred gross of such jars, at prices agreed upon, but had failed to deliver two hundred and ninety-nine gross, and by…
2Cases cited1 opinion
- Moshier v. ShearIllinois Supreme Court · 1881
3Cited by17 opinions
- Boyce v. TallermanIllinois Supreme Court · 1899
- Vickery v. McCormickIndiana Supreme Court · 1889
- Texas Co. v. Brilliant Mfg. Co.Court of Appeals for the Third Circuit · 1924
- Achilles v. AchillesIllinois Supreme Court · 1891
- Armeny v. Madson & Buck Co.Appellate Court of Illinois · 1904
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