Lapp v. Illinois Watch Co.
Appellate Court of Illinois
Assumpsit, for goods sold and delivered. Appeal from the Superior Court of Cook County; the Hon. Joseph E, Gary, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901.
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the court.
The facts set up in the special pleas were admissible for the purpose of reducing the damages claimed by the plaintiff for goods sold and delivered under a contract, which, according to the special pleas, the plaintiff had failed to fully perform, in consequence of which failure, according to such pleas, the defendant had been damaged.
In actions by a vendee against a vendor for a failure'to deliver goods contracted for, that frequently spoken of as prospective profits, is not allowable. That is to say, profits which are so…
2Cases cited19 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Jordan, Marsh & Co. v. PattersonSupreme Court of Connecticut · 1896
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3Cited by4 opinions
- Industrial Natural Gas Co. v. Sunflower Natural Gasoline Co.Appellate Court of Illinois · 1947
- Supergear Drive Corp. v. Hollister-Whitney Co.Appellate Court of Illinois · 1945
- Nathan v. National Brush Co.Appellate Court of Illinois · 1924
- National Candy Co. v. Nichols Candy Co.Appellate Court of Illinois · 1910