Thorn v. Danzinger
Appellate Court of Illinois
Memorandum.—Action of assumpsit. Declaration for goods sold and delivered; common counts with affidavit; plea of general issue with affidavit of merits. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the March term, 1893.
1Opinion of the Court
Opinion or the Court,
Gary, P. J.
The parties agree that in January, 1892, the appellant gave to the appellees an order for some shoes, to be manufactured by the appellees, like some samples. Shortly thereafter, whether within five or fifteen days is disputed, the appellant countermanded the order. The appellees refused to accept the countermand, and whether there was any subsequent arrangement by which the countermand was withdrawn is disputed; but the probability is that it was not.
Yet the appellees went on and made the shoes; sent them to the appellant, and he sent them back. The appellees…
2Cases cited2 opinions
- Brand v. HendersonIllinois Supreme Court · 1883
- Horr v. SlavikAppellate Court of Illinois · 1889
3Cited by4 opinions
- Banik v. Bishop-Stoddard Cafeteria Co.Appellate Court of Illinois · 1937
- Alvey-Ferguson Co. v. Ernst Tosetti Brewing Co.Appellate Court of Illinois · 1913
- Consolidated Ribbon & Carbon Co. v. Crane Co.Appellate Court of Illinois · 1913
- Thurman v. AlcottAppellate Court of Illinois · 1924