United States Printing Co. v. H. O. Wilbur Co.
Appellate Court of Illinois
Assumpsit, on an order for goods. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900. Statement. — This suit was brought by appellant against appellee to recover for certain chocolate wrappers which it manufactured and shipped to appellee.
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Assumpsit, on an order for goods. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900. Statement. — This suit was brought by appellant against appellee to recover for certain chocolate wrappers which it manufactured and shipped to appellee. On October 29, 1895, appellee ordered of appellant 300,0.00 wrappers of “ French Sweet ” brand, to be duplicates of a sample furnished and to be shipped, 50,000 at once, and the balance in 50,000 lots, as called for during 1896. Appellant made a duplicate or…
1Opinion of the CourtJustice Waterman
That the defendant complained of the quality of the wrappers by it received, and notified the plaintiff that they were unsatisfactory, and while keeping and paying for these, that no more like them would be accepted, is clear.
The defendant-did this as soon as it could reasonably have ascertained the fact. Such conduct did not constitute such an acceptance of part as bound it to accept the remainder of the order. The contract was a severable one, the agreement being that the goods were to be shipped in “ 50,000 lots, as called for during 1896; ” the rule, therefore, as to the acceptance of an…
2Cases cited5 opinions
- Keeler v. CliffordIllinois Supreme Court · 1897
- Wolf v. DietzschIllinois Supreme Court · 1874
- Harzfeld v. ConverseIllinois Supreme Court · 1883
- Hubbard v. GeorgeIllinois Supreme Court · 1868
- Keeler v. CliffordAppellate Court of Illinois · 1896
3Cited by3 opinions
- Shotwell-Johnson Co. v. C. O. D. Tractor Co.Supreme Court of Minnesota · 1923
- Valley Refining Co. v. Rock Island Refining Co.Supreme Court of Oklahoma · 1934
- Chatham v. All American Sales, Inc.Mississippi Supreme Court · 1952