Felsenthal v. Block
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Joseph.E. Gaby, Judge, presiding. This was an action of assumpsit, brought by the appellees against the appellants, to recover damages for the non-performance of the following contract: “ Chicago, Dec. 27, 1879. “ Bought of B. Felsenthal & Bros, the following stock, which is to be delivered between the first of January and the first of March, 1880, subject to sight-drafts, viz: from three to five car-loads of stove…
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. Joseph.E. Gaby, Judge, presiding. This was an action of assumpsit, brought by the appellees against the appellants, to recover damages for the non-performance of the following contract: “ Chicago, Dec. 27, 1879. “ Bought of B. Felsenthal & Bros, the following stock, which is to be delivered between the first of January and the first of March, 1880, subject to sight-drafts, viz: from three to five car-loads of stove plates, at twenty dollars per 2,000 pounds, and from three to five car-loads of heavy cast iron, per $23, and the quuntitat…
1Opinion of the CourtBailey, J.
The instruction given by the court to the jury at the instance of the appellees, though somewhat adroitly worded, was, in our opinion, calculated to mislead the jury. |The question of the assessment of damages was one .which 'the jury had no right to consider until they had previously passed upon the issues in the case, and decided them in favor of the appellees. The instruction, however, directs their attention in the first instance to the assessment of damages, and without presupposing any determination of the issues, lays down the rule by which the appellee’s damages are to be measured and…
2Cited by2 opinions
- Haisler v. HaydenAppellate Court of Illinois · 1906
- North Chicago Street Railroad v. HonsingerIllinois Supreme Court · 1898