Warth v. L. Loewenstein & Sons
Appellate Court of Illinois
Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. This is an appeal by the plaintiff below from a judgment of the Circuit Court in her favor against the appellee (which was defendant' below) for $87.50 damages, which judgment taxed the costs of the proceeding in that court against the plaintiff.
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Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Charles M. Walker, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. This is an appeal by the plaintiff below from a judgment of the Circuit Court in her favor against the appellee (which was defendant' below) for $87.50 damages, which judgment taxed the costs of the proceeding in that court against the plaintiff. The judgment was rendered on the verdict of a jury. Inasmuch as the defendant admitted an indebtedness of $87.50 to the plaintiff, the verdict was in effect, although…
1Opinion of the Court
Mr. Justioe Brown
delivered the opinion of the court.
It would serve no good purpose for us to discuss at length all the interesting questions raised by the facts set forth in the statement prefixed to this opinion and argued in the elaborate briefs filed on each side of this controversy.
The jury found a verdict which was in favor of the' defendant on the matters contested on the trial between the plaintiff and defendant, and we are not disposed to disturb the judgment founded on it.
On the main questions involved, we think that an oral contract for the use of machine D 154, with terms and…
2Cases cited6 opinions
- Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
- White v. MurtlandIllinois Supreme Court · 1874
- Mantonya v. ReillyIllinois Supreme Court · 1900
- Hope v. West Chicago St. R. R.Appellate Court of Illinois · 1899
- Sibley Warehouse & Storage Co. v. Durand & Kasper Co.Illinois Supreme Court · 1902
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3Cited by1 opinion
- Flood v. Keeley Brewing Co.Appellate Court of Illinois · 1912