Legal Opinion

Republic Iron & Steel Co. v. Sturges & Burn Manufacturing Co.

Appellate Court of Illinois

Decided May 29, 1913No. Gen. No. 18,290Published

Error to the Municipal Court of Chicago; the Hon. Edward A. Dicker, Judge, presiding.

1Opinion of the CourtJustice McSurely

The Republic Iron & Steel Co., hereinafter called plaintiff, brought suit in the Municipal Court against the Sturges & Burn Manufacturing Co., hereinafter called defendant, to recover the sum of $506.66 with interest, claiming this amount as a balance due it for steel sold and delivered under a certain contract.

Two defenses were interposed, (1) accord and satisfaction, and (2) recoupment and set-off by way of damages for delay in the delivery of steel called for by the contract.

In the trial court a jury was waived and the case submitted to the court upon the one issue of accord and…

2Cases cited8 opinions

  1. Ostrander v. ScottIllinois Supreme Court · 1896
  2. Canton Union Coal Co. v. Parlin & Orendorff Co.Illinois Supreme Court · 1905
  3. Snow v. GriesheimerIllinois Supreme Court · 1906
  4. Michigan Leather Co. v. FoyerAppellate Court of Illinois · 1902
  5. George W. Linn Co. v. HarrisAppellate Court of Illinois · 1905

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