McPherson v. Walker
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was an action of assumpsit brought in the court below by Charles M. L. Walker against Joseph McPherson and Elias B. Stiles. The ground of the action is in all respects similar to that alleged in the case of McPherson v. Gale, ante, p. 368. A trial resulted in a verdict and judgment for the plaintiff. The defendant McPherson appealed.
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Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was an action of assumpsit brought in the court below by Charles M. L. Walker against Joseph McPherson and Elias B. Stiles. The ground of the action is in all respects similar to that alleged in the case of McPherson v. Gale, ante, p. 368. A trial resulted in a verdict and judgment for the plaintiff. The defendant McPherson appealed. The opinion of the court contains a sufficient statement of the case.
1Opinion of the CourtJustice Breese
This record shows also, a contract by the same purchaser, Joseph McPherson, by his agent, E. B. Stiles, of 5,000 bushels of oats, of Charles M. L. Walker, the delivery of the oats to be in the same month of March, 1865. The cause was argued in connection with the two preceding cases, but it turns upon a different question.
The only question of importance is, as to the propriety of plaintiff’s first instruction. It was as follows:
u If the jury believe that, on or about the 28th day of February, 1865, the plaintiff agreed with.the defendants to sell, and the defendants by their agents agreed to…
2Cases cited1 opinion
- Crist v. ArmourNew York Supreme Court · 1861
3Cited by8 opinions
- Kadish v. YoungIllinois Supreme Court · 1883
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- Osgood v. SkinnerAppellate Court of Illinois · 1904
- Pulling v. Travelers' InsuranceAppellate Court of Illinois · 1894
- Grau v. McVickerU.S. Circuit Court for the Northern District of Illnois · 1874
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