Lapp v. Smith
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. The judgment of the superior court of Cook county entered in favor of the appellees, against the appellants, in an action of assumpsit, was affirmed by the Branch Appellate Court for the First District, and this is an appeal from such judgment of affirmance.
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Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. The judgment of the superior court of Cook county entered in favor of the appellees, against the appellants, in an action of assumpsit, was affirmed by the Branch Appellate Court for the First District, and this is an appeal from such judgment of affirmance. The declaration was in the common counts, to which was appended a bill of particulars of items of merchandise alleged to have been sold by the plaintiffs to the…
1Opinion of the CourtJustice Boggs
Though the items of appellees’ claim were not disputed, yet a set-off was asserted, and that the demand had become and was a matured liability was denied. The amount of the appellees’ claim being in dispute and that it was due being denied, it was an unliquidated demand. (Ostrander v. Scott, 161 Ill. 339.) The letter written by appellants was an offer to adjust the differences between the parties by the substitution of the check and the three notes for the appellees’ claim or demand and in satisfaction thereof. It was so understood by appellees, who replied that such an arrangement was not…
2Cases cited3 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Ostrander v. ScottIllinois Supreme Court · 1896
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
3Cited by19 opinions
- Danziger v. Pittsfield Shoe Co.Illinois Supreme Court · 1903
- Bingham v. BrowningIllinois Supreme Court · 1902
- Day-Luellwitz Lumber Co. v. SerrellAppellate Court of Illinois · 1913
- Bradley & Metcalf Co. v. McLaughlinSupreme Court of Oklahoma · 1922
- Willis v. City Nat. Bank of GalvestonCourt of Appeals of Texas · 1925
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