Legal Opinion

Barker v. Turnbull

Appellate Court of Illinois

Decided February 1, 1894PublishedCited by 5 opinions

Memorandum.—Assumpsit for goods sold. Appeal from the Circuit Court of Cook County: the Hon. Francis Adams, Judge, presiding. Heard in this court at the October term, 1893, and affirmed.

1Opinion of the CourtJustice Shepard

An action in assumpsit was brought by the appellee to recover for the purchase price of 12,633 first-class railroad ties, and 687 second-class ties, or culls, sold to the appellant in July, 1890.

The only plea was the general issue. Judgment was recovered for the full contract price, with interest added, as seems to be conceded by counsel on both sides, less a payment of §2,000 made by appellant before suit.

It is not necessary to state the evidence upon which our conclusion rests, but we regard it as fairly established, that the contract between the parties was that the inspection of the ties…

2Cases cited6 opinions

  1. Keegan v. KinnareIllinois Supreme Court · 1887
  2. Norton v. . DreyfussNew York Court of Appeals · 1887
  3. Hartshorn v. KinsmanAppellate Court of Illinois · 1885
  4. Eureka Cast Steel Co. v. FrogAppellate Court of Illinois · 1887
  5. Titley v. Enterprise Stone Co.Illinois Supreme Court · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Peterson v. Iris Theatre Co.Appellate Court of Illinois · 1920
  2. M. Hommel Wine Co. v. NetterAppellate Court of Illinois · 1916
  3. Getz v. Thomson & Burton Co.Appellate Court of Illinois · 1913
  4. Golden v. WhiteDistrict of Columbia Court of Appeals · 1914
  5. United States Aluminum Co. v. Armac Motor Co.Appellate Court of Illinois · 1911

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