Goodkind v. Rogan
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. Tins was an action by appellees, the Bogans and plaintiffs below, against the appellants, Groodkind and Oberndorf, the defendants below, to recover damages for breach of an alleged warranty, claimed by the plaintiffs to have been made by the defendants, upon the sale by the latter to the former May 8, 1880, at Chicago, of a quantity of grease, comprised in a lot of 80 tierces, said to…
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Appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. Tins was an action by appellees, the Bogans and plaintiffs below, against the appellants, Groodkind and Oberndorf, the defendants below, to recover damages for breach of an alleged warranty, claimed by the plaintiffs to have been made by the defendants, upon the sale by the latter to the former May 8, 1880, at Chicago, of a quantity of grease, comprised in a lot of 80 tierces, said to contain 28,247 pounds, which plaintiffs bought and paid for at four cents a pound. The parties all resided and did business…
1Opinion of the CourtMcAllister, P. J.
The evidence in this case was closely conflicting as to essential elements of the plaintiff’s cause of action. In such case even-handed justice requires that one party shall not obtain any undue advantage over the other by means of subtle and cunningly devised instructions. The fifth instruction asked by plaintiff’s counsel and1 given by the court, seems to ns to be precisely of that character. It ingeniously makes the court assume as facts that the grease in question was not as warranted; that it was not brown grease but was an inferior and poor quality of grease — vital facts in the case,…
2Cases cited2 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Thorne v. McVeaghIllinois Supreme Court · 1874
3Cited by2 opinions
- Union Foundry Works v. Columbia Iron & Steel Co.Appellate Court of Illinois · 1904
- Morris v. TaliaferroAppellate Court of Illinois · 1892