Park Steel Co. v. Staver Carriage Co.
Appellate Court of Illinois
Action of assumpsit. Appeal from the Superior Court of Cook-County; the Hon. Julian W. Mack, Judge, presiding. Heard in. this court at the October term, 1904. Statement foy the Court. Appellant orought suit in assumpsit against appellee to recover an alleged balance of $465.30 due for tire steel sold and' delivered by the former to the latter in the year 1899. Appellee filed a plea of the general issue.
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Action of assumpsit. Appeal from the Superior Court of Cook-County; the Hon. Julian W. Mack, Judge, presiding. Heard in. this court at the October term, 1904. Statement foy the Court. Appellant orought suit in assumpsit against appellee to recover an alleged balance of $465.30 due for tire steel sold and' delivered by the former to the latter in the year 1899. Appellee filed a plea of the general issue. It also filed a plea of set-off, in which it was alleged that appellant was indebted to appellee in the sum of $2,019 damages suffered by appellee in consequence of the failure and refusal of…
1Opinion of the CourtJustice Ball
It appears from the evidence that during the life of the contract the price of steel tires' advanced so as to justify the amount of the verdict, if appellee is entitled to any recovery in this action. It also appears that between the date of the contract and August 5, 1899, appellant had delivered to appellee, on its orders and specifications, 10,600 sets of tires, the last delivery being August 5, 1899, on appellee’s order and specification dated June 7, 1899. July 6, 1899, appellee ordered and specified 3,400 other sets of tires, which with those already ordered and delivered made 14,000…
2Cases cited5 opinions
- Manhattan Oil Co. v. Richardson Lubricating Co.Court of Appeals for the Second Circuit · 1902
- H. D. Williams Cooperage Co. v. ScofieldCourt of Appeals for the Eighth Circuit · 1902
- Staver Carriage Co. v. Park Steel Co.Court of Appeals for the Seventh Circuit · 1900
- Allen B. Wrisley Co. v. Mathieson Alkali WorksAppellate Court of Illinois · 1903
- Cameron v. SextonAppellate Court of Illinois · 1903
3Cited by1 opinion
- Alwart Bros. Coal Co. v. Royal Colliery Co.Court of Appeals for the Seventh Circuit · 1916