Legal Opinion

Rumsey & Co. v. Colman

Appellate Court of Illinois

Decided September 26, 1898PublishedCited by 2 opinions

Assumpsit,, for merchandise manufactured, etc. Trial in the Circuit Court of Winnebago County, the Hon. Charles E. Fuller, Judge, presiding. Verdict and judgment for defendant. Appeal by plaintiff.

1Opinion of the Court

Mr. Presiding Justice Dibell

delivered the opinion of the court.

Appellant claims the meaning of the language quoted in the foregoing statement, from the letter of February 22d, is that if Eumsey & Co. would ship 150 more shells and plungers, Barber & Colman would keep and pay for all the parts first shipped for the 150 pumps, including the shells and plungers, and would also pay for the second shipment of 150 shells and plungers. If that was the meaning of the letter, Barber & Colman had no need to complain of what they had received, but would simply have ordered 150 more shells and plungers,…

2Cases cited3 opinions

  1. Ostrander v. ScottIllinois Supreme Court · 1896
  2. Mexican Amole Soap Co. v. ClarkeAppellate Court of Illinois · 1897
  3. Off v. J. B. Inderrieden Co.Appellate Court of Illinois · 1897

3Cited by2 opinions

  1. Canton Union Coal Co. v. Parlin & Orendorff Co.Appellate Court of Illinois · 1905
  2. Pusheck v. Frances E. Willard N. T. H. Ass'nAppellate Court of Illinois · 1901

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