Home Flax Co. v. Beebe
Illinois Supreme Court
Writ of Error to the Circuit Court of Kankakee county; the Hon. Charles H. Wood, Judge, presiding. This was an action of assumpsit, brought, in the court helow, by the appellee, against the appellants, to recover on the guaranty alone contained in the following agreement: “Momehce, May 29th, 1865. “In consideration of the seed given by the Home Flax Co., to me, of 60 bushels of flax seed, the receipt of which is hereby acknowledged, I agree with them to sow said seed this…
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Writ of Error to the Circuit Court of Kankakee county; the Hon. Charles H. Wood, Judge, presiding. This was an action of assumpsit, brought, in the court helow, by the appellee, against the appellants, to recover on the guaranty alone contained in the following agreement: “Momehce, May 29th, 1865. “In consideration of the seed given by the Home Flax Co., to me, of 60 bushels of flax seed, the receipt of which is hereby acknowledged, I agree with them to sow said seed this season, 2-J bush, per acre, and to sell them all of the crop produced, straw and seed, from the said seed. All the straw…
1Opinion of the CourtChief Justice Beeese
The principal points made on this record are, a variance between the instrument of writing offered in evidence and the copy of the same attached to the declaration. This, under repeated rulings of this court, is no objection to the admission of the writing on the trial, and was properly overruled, as, on its face, it was competent evidence for some purpose. There is no pretense it does not correspond with the allegations in the declaration..
It is also insisted that the proof did not sustain the averments in the first and second counts of the declaration, as to the parties making the…
2Cited by9 opinions
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- Alton Banking and Trust Co. v. GrayIllinois Supreme Court · 1931
- Louisville, N. A. & C. Ry. Co. v. CarsonAppellate Court of Illinois · 1894
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