VanHorn v. Stautz
Illinois Supreme Court
Writ or Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Sain WelTY, Judge, presiding.
1Opinion of the CourtJustice Dunn
S. C. VanHorn recovered a judgment for $1200 in the circuit court of McLean county against William A. Stautz, which the Appellate Court affirmed, and the record has been brought here by a writ of certiorari.
The form of the action was assumpsit, and the declaration alleged the breach of an express warranty that 164 head of hogs sold by the defendant to the plaintiff were sound. The plea was the general issue. The hogs were not sound, and the question of fact for the jury on the trial was whether or not defendant warranted that they were sound. There was no written contract. The whole…
2Cases cited10 opinions
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
- Wheeler v. ReedIllinois Supreme Court · 1864
- Thorne v. McVeaghIllinois Supreme Court · 1874
- Reed v. HastingsIllinois Supreme Court · 1871
- Hobart v. YoungSupreme Court of Vermont · 1891
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3Cited by5 opinions
- MacAndrews & Forbes Co. v. Mechanical Manufacturing Co.Illinois Supreme Court · 1937
- Keller v. FlynnAppellate Court of Illinois · 1952
- Frick Co. v. LawsonCourt of Appeals of Georgia · 1935
- Compton v. M. O'Neil Co.Ohio Court of Appeals · 1955
- Beckett v. F. W. Woolworth Co.Appellate Court of Illinois · 1940