Schneider v. Turner
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an action of assumpsit, by appellants, against ap-pellee, begun in the Superior Court of Cook county. The original declaration consisted of eight special counts. The first four and the sixth were withdrawn.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an action of assumpsit, by appellants, against ap-pellee, begun in the Superior Court of Cook county. The original declaration consisted of eight special counts. The first four and the sixth were withdrawn. The remaining three are as follows: Fifth count—“And whereas, also, the said defendant after-wards, to-wit, on the 11th day of November, 1885, at the place aforesaid, made and delivered to said plaintiffs a certain…
1Opinion of the CourtJustice Wilkin
The sufficiency of the fifth and seventh counts depends entirely upon the construction to be placed upon the instrument therein declared on; the eighth, whether or not that instrument can be aided by averment and parol proof.
The question upon which doubt is expressed in the opinion of the Appellate Court, viz., whether or not the paper set out in the several counts should be regarded as an agreement, or a mere proposition for a sale, is eliminated from the case as here presented, counsel for appellants admitting the correctness of the decision below in that regard, contending, however, that…
2Cases cited7 opinions
- Bigelow v. . BenedictNew York Court of Appeals · 1877
- Cothran v. EllisIllinois Supreme Court · 1888
- Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
- White v. BarberSupreme Court of the United States · 1887
- O'Brien v. PalmerIllinois Supreme Court · 1868
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3Cited by53 opinions
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- Hartford Accident & Indemnity Co. v. HoodSupreme Court of North Carolina · 1946
- Pope v. HankeIllinois Supreme Court · 1894
- Jamieson v. WallaceIllinois Supreme Court · 1897
- Booth v. PeopleIllinois Supreme Court · 1900
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