Legal Opinion

National Candy Co. v. Nichols Candy Co.

Appellate Court of Illinois

Decided March 30, 1910Published

Assumpsit. Appeal from the Circuit Court of Macon county; the Hon. William; C. Johns, Judge, presiding. Heard in this court at "the May term, 1909.

1Opinion of the Court

Mr. Presiding Justice Baume

delivered the opinion ■of the court.

This is a suit in assumpsit brought by the National Candy Company, a corporation, having its principal office at St. Louis, Missouri, against the Nichols Candy Company, a corporation doing business at Decatur, Illinois, to recover a balance of $719.12 alleged to be' due for merchandise sold and delivered. The defendant pleaded a set-off amounting to $1,069.20, because of the failure of the plaintiff to ship to the defendant 895 pails of candy, each pail containing about 24 pounds, the same being -part and parcel of a certain order…

2Cases cited5 opinions

  1. Carpenter v. First National BankIllinois Supreme Court · 1887
  2. Van Arsdale v. RundelIllinois Supreme Court · 1876
  3. Hill v. ParsonsIllinois Supreme Court · 1884
  4. Lapp v. Illinois Watch Co.Appellate Court of Illinois · 1902
  5. Hagan v. RawleAppellate Court of Illinois · 1908

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