Vierling, McDowell & Co. v. Iroquois Furnace Co.
Appellate Court of Illinois
Assumpsit.—Breach of contract. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding.
1Opinion of the CourtJustice Gary
These parties made contracts for the sale of pig iron by the appellee to the appellant, and this suit was brought by the appellee to recover damages from the appellant for refusing to take all the iron contracted for.
The appellee recovered the difference between the contract and market price on 612 tons.
The first question is, whether the contracts—for there were more than one—were for two lots, or three lots, of 500 tons each—for 1,000 or 1,500 tons.
And the second question is upon the quality of the iron.
Upon these questions the verdict of the jury in favor of the appellee, in accordance with…
2Cases cited2 opinions
- Driggers v. BellIllinois Supreme Court · 1879
- Murray v. J. M. Doud & Co.Appellate Court of Illinois · 1896