Illinois Central Railroad v. Cassell
Illinois Supreme Court
This was au action of assumpsit brought by the appellees against appellant upon the common counts. The appellant pleaded, that it never promised as alleged, and payment. There was a trial by jury, and verdict and judgment for appellees for $226, before Hollister, Judge, at November term, 1855, of the LaSalle Circuit. Court.
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This was au action of assumpsit brought by the appellees against appellant upon the common counts. The appellant pleaded, that it never promised as alleged, and payment. There was a trial by jury, and verdict and judgment for appellees for $226, before Hollister, Judge, at November term, 1855, of the LaSalle Circuit. Court. The appellees introduced Henry Cassell as a witness, who testified that he hauled two hundred and ninety-two cords of wood for them, and piled it on the bank of the Illinois river; did not measure the wood, but took the word of another man for the quantity; did not know…
1Opinion of the CourtScales, C. J.
The suit was not brought upon a written, or special verbal contract; but upon trial, the plaintiffs produced, upon notice of defendant, and defendant read in evidence, a written contract for three hundred cords of wood, at two dollars per cord.
All the instructions which have reference to a contract, a contract price, or to delivery of wood under and according to contract, must be understood as referring to this contract read in evidence; for there was no proof in the case of any other.
It becomes important, therefore, to construe this as the contract, and ascertain the true intent, meaning,…
2Cited by3 opinions
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- Deem v. CrumeIllinois Supreme Court · 1867