Rupley v. Daggett
Illinois Supreme Court
Appeal from the Circuit Court of Will county ; the Hon. Josiah MoRoberts, Judge, presiding. This was an action of replevin, brought by John F. Daggett against Abram Rupley and Jacob Rupley, to recover a mare which the defendants claimed they had bought of the plaintiff.
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Appeal from the Circuit Court of Will county ; the Hon. Josiah MoRoberts, Judge, presiding. This was an action of replevin, brought by John F. Daggett against Abram Rupley and Jacob Rupley, to recover a mare which the defendants claimed they had bought of the plaintiff. It appears that at the first conversation about the sale of the mare, Rupley asked the plaintiff his price, the plaintiff swearing that he replied $165, while the defendant testified that he said $65, and that he did not understand him to say $165. In the second conversation Rupley says he told Daggett, that if the mare was…
1Opinion of the CourtJustice Scott
It is very clear, from the evidence in this case, there was no sale of the property understandingly made. Appellee supposed he was selling for $165, and it may be appellant was equally honest in the belief that he was buying at the price of $65. There is, however, some evidence tending to show that appellant Rupley did not act with entire good faith. He was told, before he removed the mare from appellee’s farm, there must be some mistake as to the price he was to pay for her. There is no dispute this information was given to him. He insisted, however, the price was $65, and expressed his…
2Cited by8 opinions
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- Neel v. LangMassachusetts Supreme Judicial Court · 1920
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