Peoria Manufacturing Co. v. Lyons ex rel. David Bradley Manufacturing Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Cass county; the Hon. Cyrus Epler, Judge, presiding. Action of debt on replevin bond. The David Bradley Manufacturing Company recovered a judgment against the firm of Weaver & Treadway, and caused execution to be levied on certain wagons, buggies, plows, rakes, etc., found in the place of business of the debtor firm.
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Appeal from the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court of Cass county; the Hon. Cyrus Epler, Judge, presiding. Action of debt on replevin bond. The David Bradley Manufacturing Company recovered a judgment against the firm of Weaver & Treadway, and caused execution to be levied on certain wagons, buggies, plows, rakes, etc., found in the place of business of the debtor firm. These vehicles and implements had been obtained from the Peoria Manufacturing Company under the contract mentioned below, executed ,by appellant and Weaver &…
1Opinion of the CourtJustice Carter
The proper construction of the contract under which Weaver & Treadway obtained the property levied on, must, of course, control the decision of this case. It is contended by appellants that it was a mere contract for consignment for sale on commission, while appellee insists that it was a contract of sale. We fully concur in the views on this question as expressed in the following , opinion of the Appellate Court, delivered by Mr. Justice Boggs:
“Whether the agreement was a consignment of goods for sale upon commission, or a sale of the goods, is the only question arising upon the record. In…
2Cases cited2 opinions
- Chickering v. BastressIllinois Supreme Court · 1889
- Lenz v. HarrisonIllinois Supreme Court · 1893
3Cited by16 opinions
- In re GaltCourt of Appeals for the Seventh Circuit · 1903
- D. M. Ferry & Co. v. HallSupreme Court of Alabama · 1914
- Norwegian Plow Co. v. ClarkSupreme Court of Iowa · 1897
- Charles M. Stieff, Inc. v. City of San AntonioTexas Supreme Court · 1938
- In re FlandersCourt of Appeals for the Seventh Circuit · 1905
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