Schotte v. Puscheck
Appellate Court of Illinois
Assumpsit, for merchandise sold and delivered. Trial in the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant.
1Opinion of the CourtJustice Sears
This action was brought to recover for groceries and meats sold and delivered to one Victor Wilvnot. There was no claim made that the appellant, Mrs. Schotte, ever received any of the goods. The appellee’s claim was based entirely upon the alleged promise of appellant to pay for the goods which were sold to Wilmot. The common counts only were hied.
The evidence was conflicting. The court instructed the jury in effect that if appellant, Mrs. Schotte, agreed to pay for the goods if the Wilmots did not pay, then" the "verdict should be for the plaintiffs (appellees). This instruction, upon the…
2Cases cited4 opinions
- Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
- Resseter v. WatermanIllinois Supreme Court · 1894
- Durant v. RogersIllinois Supreme Court · 1873
- Berkowsky v. ViallAppellate Court of Illinois · 1896
3Cited by2 opinions
- Davis v. Supreme Council of Royal ArcanumMassachusetts Supreme Judicial Court · 1907
- Raphael v. HartmanAppellate Court of Illinois · 1900