Legal Opinion

Benton v. J. A. Fay & Co.

Illinois Supreme Court

Decided September 15, 1872PublishedCited by 23 opinions

Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding.

1Opinion of the CourtChief Justice Lawrence

The plaintiff, resident in Iowa, came to the defendant’s warehouse, in Chicago, and bought a planing machine, which he selected with reference to its weight and finish. He paid $100 in hand, and was to pay $450 more on the delivery of the machine at his residence in Iowa. The contract was, that he was to have the identical machine he had selected, which he describes in his evidence as the best he had ever seen. The defendant’s agent, in charge of the warehouse, told him it had been made for exhibition at the fair, and had taken the premium. This was about February 14th, 1871. The machine was…

2Cases cited2 opinions

  1. Griffin v. . ColverNew York Court of Appeals · 1858
  2. Chapman v. KirbyIllinois Supreme Court · 1868

3Cited by23 opinions

  1. Jones v. GeorgeTexas Supreme Court · 1884
  2. Evra Corp. v. Swiss Bank Corp.Court of Appeals for the Seventh Circuit · 1982
  3. American Oil Pump & Tank Co. v. FoustOregon Supreme Court · 1929
  4. John Hutchinson Manufacturing Co. v. PinchMichigan Supreme Court · 1892
  5. Consumers' Pure Ice Co. v. JenkinsAppellate Court of Illinois · 1895

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