McKinnie v. Lane
Illinois Supreme Court
Appeal from the Appellate Court for the First District— heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. This suit was brought in the circuit court of Cook county by Maurice T. Lane against P. L. McKinnie to recover the sum of $1700, which the former claimed to be due him as a balance on the purchase price of certain paintings sold to McKinnie.
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Appeal from the Appellate Court for the First District— heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. This suit was brought in the circuit court of Cook county by Maurice T. Lane against P. L. McKinnie to recover the sum of $1700, which the former claimed to be due him as a balance on the purchase price of certain paintings sold to McKinnie. The declaration included only the common counts and was accompanied by á bill of particulars as follows: “To two pictures by Dupres and Mueller...................$3500 Credit…
1Opinion of the CourtJustice Vickers
The affirmance of the judgment by the Appellate Court settles all controverted questions of fact adversely to the contention of appellants.
It is contended by appellants that under the bill of particulars filed in this case recovery could not be had under the common counts. It is well settled law that where there is an agreement to pay a certain sum in specified articles of personal property, at agreed prices, on a particular day, a failure to deliver the articles on the day fixed in the agreement converts the transaction into a money obligation. (Borah v. Curry, 12 Ill. 66; Smith v. Dunlap,…
2Cases cited4 opinions
- Springer v. City of ChicagoIllinois Supreme Court · 1891
- Smith v. KimballIllinois Supreme Court · 1889
- Borah v. CurryIllinois Supreme Court · 1850
- Morton v. McClureIllinois Supreme Court · 1859
3Cited by23 opinions
- Auton v. Logan Landfill, Inc.Illinois Supreme Court · 1985
- McMath v. KatholiIllinois Supreme Court · 2000
- Bloom v. Nathan Vehon Co.Illinois Supreme Court · 1930
- Medow v. FlavinAppellate Court of Illinois · 2002
- In Re Marriage of EricksonAppellate Court of Illinois · 1985
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