Jones v. Marks

This was an action of assumpsit brought by Thomas Marks in the Superior Court of Chicago, against Jones and Jordan, to recover for moneys advanced on the purchase of wheat. The declaration contained special and common counts, but it is conceded that the evidence varied from the case as stated in the special counts, which only renders it necessary to consider whether a right to recover under the common counts was shown on the trial in the court below. One Phelps, it appears, contracted on behalf of appellee for the purchase of two thousand bushels of wheat through appellants, who on the same…