Deshler v. Beers
Illinois Supreme Court
Writ of Error to the Superior Court of Chicago; the Hon. Grant Goodrich, Judge, presiding. On the 30th day of May, 1861, Cyrenius Beers commenced an action of assumpsit in the court below, against John G. Deshler. The declaration contained four counts.
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Writ of Error to the Superior Court of Chicago; the Hon. Grant Goodrich, Judge, presiding. On the 30th day of May, 1861, Cyrenius Beers commenced an action of assumpsit in the court below, against John G. Deshler. The declaration contained four counts. First, alleging a consignment to defendant as factor, and a promise by him to sell and account in a reasonable time, and to pay over proceeds when reasonably requested; that sales have been made and that such time hath elapsed, yet said defendant, though afterward requested, hath not yet rendered a just and reasonable account, or paid over the…
1Opinion of the CourtJustice Walker
In terms, this was a sale for cash, and not on time. But it is insisted, that by the usage at Buffalo, where the sale was made, a sale for cash on delivery, entitled the purchaser to three days within which to make payment. A number of witnesses so testified, who were in, pr were familiar with, the commission business at that place. Even if such a custom was established, it would not prevent the .parties from so contracting, that the seller would have the right to receive the money on the delivery of the produce. In this case, we are of the opinion, from the evidence, the parties did not…
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