Keiser v. Jarrett
Appellate Court of Illinois
Action commenced before justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Statement by the Court. .P. F. Kaehler between February 1 and August 1, 1902, sold and delivered coal to George A. Keiser.
Read the full summary
Action commenced before justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Statement by the Court. .P. F. Kaehler between February 1 and August 1, 1902, sold and delivered coal to George A. Keiser. On that day the following instrument was executed by the seller and the purchaser: “I, the undersigned, George Keiser, hereby acknowledge myself indebted to Peter F. Kaehler in the sum of $268.19 for merchandise heretofore sold and delivered by the said Kaehler to me, which said sum of $268.19, with interest thereon from the date…
1Opinion of the Court
Mr. Presiding Justice Baker
delivered the opinion of the court.
There is in the record not, only no evidence tending to show that there was any overcharge or short weight as to any of the coal remaining unpaid for August 2, 1902, when the instrument sued on was executed, but the receipted bills put in evidence by the defendant and the bill produced by the defendant at the time the instrument of August 2, 1902, was executed which was put in evidence by the plaintiff in rebuttal, clearly show that the coal which remained unpaid for August 2, 1902, was delivered during and after February of that…
2Cases cited3 opinions
- Douthart v. CongdonIllinois Supreme Court · 1902
- Augustus v. SeaboltCourt of Appeals of Kentucky · 1860
- Frohlich, Gardt & Co. v. AlexanderAppellate Court of Illinois · 1890