Olcese v. Mobile Fruit & Trading Co.
Appellate Court of Illinois
Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Robert B. Shirley, Judge, presiding. Heard in this court at the March term, 1903.
1Opinion of the CourtJustice Ball
The order for the two cars shipped appellant’s firm in March, 1893, was unconditional. It reads: “You may ship us from your first steamer one car Straights and also one car Culls. Fruit must be fine.” The acceptance was : “We will fill your order for one car each Straights and Culls, and will wire you price before shipping.” There is no evidence showing whether or not these two cars were loaded from the “ first steamer; ” nor did Olcese & Go. place their refusal to accept the fruit upon that ground. Upon receiving notice that the cars had started from Mobile, they telegraphed appellee, “ Why…
2Cases cited6 opinions
- Littlejohn v. . ShawNew York Court of Appeals · 1899
- Ransom v. McCurleyIllinois Supreme Court · 1892
- Bagley v. FindlayIllinois Supreme Court · 1876
- Illinois Central Railroad v. SimmonsIllinois Supreme Court · 1865
- Varner v. VarnerIllinois Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cooper v. AndersonAppellate Court of Illinois · 1927
- National Importing & Trading Co. v. E. A. Bear & Co.Appellate Court of Illinois · 1925
- Cary Maple Sugar Co. v. Pierre Viau Maple Co.Appellate Court of Illinois · 1912