Hedstrom v. Baker
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Rollin S. Williamson, Judge: presiding. This was an action brought by Hedstrom & Co., wholesale dealers in coal, against the firm of Baker Bros., like dealers, to recover upon an account for coal sold and delivered by the former to the latter, the balance being $±,027.37. On the trial the defendants sought to recoup from that amount their damages alleged to have been sustained in consequence of the breach by the…
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Appeal from the Superior Court of Cook county; the Hon. Rollin S. Williamson, Judge: presiding. This was an action brought by Hedstrom & Co., wholesale dealers in coal, against the firm of Baker Bros., like dealers, to recover upon an account for coal sold and delivered by the former to the latter, the balance being $±,027.37. On the trial the defendants sought to recoup from that amount their damages alleged to have been sustained in consequence of the breach by the plaintiff of alleged special contracts, under which it is claimed, all of said coal mentioned in plaintiffs’ account had been…
1Opinion of the CourtMcAllister, J.
We regard the proposition as incontestable, that where a defendant seeks to recoup damages for a breach of an undertaking on the part of the plaintiff, arising out of the same transaction or subject-matter, as that of the plaintiff’s cause of action, he will be subject to the burden of showing by his evidence, all of the requisite elements of a cause of action in the same manner, as if he himself had brought suit upon, and for a breach of such undertaking. And it is equally clear, that to maintain an action for a breach of either of the alleged special contracts, if one had been brought by…
2Cases cited4 opinions
- Bailey v. AustrianSupreme Court of Minnesota · 1873
- Porter v. RoseNew York Supreme Court · 1815
- Topping v. RootNew York Supreme Court · 1826
- Savary v. GoeU.S. Circuit Court for the District of Pennsylvania · 1812
3Cited by2 opinions
- Harber Bros. v. Moffat Cycle Co.Illinois Supreme Court · 1894
- Harber Bros. v. Moffatt Cycle Co.Appellate Court of Illinois · 1893