Clarkson v. Kerber
Appellate Court of Illinois
Assumpsit, for goods sold, etc. Trial in the Circuit Court of Cook County;' the Hon. Richard W. Clifford, Judge, presiding. Verdict and judgment for plaintiffs; error by defendant. Heard in the Branch Appellate Court at the October term, 1898.
1Opinion of the Court
Hr. Justice Horton
delivered the opinion of the court.
This suit was commenced by. defendants in error to-recover from plaintiff in error the value of cut stone used in the construction of a building erected at the corner of Calumet avenue and Twenty-sixth street, Chicago. That defendants in error furnished such stone is not denied. The controlling question of fact is whether plaintiff in error, for himself, ordered or purchased such cut stone. The dóclaration contains the common counts only, for goods sold and delivered, etc. As to whether plaintiff in error ordered the cut stone, is a close…
2Cases cited2 opinions
- Cheney v. RoodhouseIllinois Supreme Court · 1890
- Cheney v. RoodhouseAppellate Court of Illinois · 1889
3Cited by3 opinions
- City of Chicago v. McKechneyIllinois Supreme Court · 1903
- Anderson v. MitchellAppellate Court of Illinois · 1929
- Koban v. Gordon Supply Co.Appellate Court of Illinois · 1929