Legal Opinion

Irle v. Nichols & Shepard Co.

Appellate Court of Illinois

Decided June 12, 1900PublishedCited by 1 opinion

Assumpsit, on written contract. Appeal from the Circuit Court of Champaign County; the Hon. Francis M. Wright, Judge, presiding. Heard in this court at the November term, 1899.

1Opinion of the Court

Hr. Justice Harker

delivered the opinion of the court.

This suit was brought upon a written contract for the purchase of a threshing machine outfit sold and delivered to appellants by appellee. The contract fixed the price of the outfit at $2,695, and provided that appellants should deliver to appellee in payment an old threshing outfit at $1,045, and their promissory note for $1,650, with interest after maturity at the rate of seven per cent.

The declaration avers a delivery and acceptance of the property and a refusal on the part of appellants to pay for the same, or to execute a note in…

2Cases cited3 opinions

  1. Kinser v. Calumet Fire Clay Co.Illinois Supreme Court · 1897
  2. Williams v. MerrittIllinois Supreme Court · 1860
  3. Taylor v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1874

3Cited by1 opinion

  1. J. I. Case Threshing Machine Co. v. EbbighausenNorth Dakota Supreme Court · 1903

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