Druecker v. Sandusky Portland Cement Co.
Appellate Court of Illinois
Assumpsit, for goods sold, etc. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Heard in this court at the March term, 1900. Statement.—This is an action of assumpsit, brought by appellee against appellant on an account for cement sold and delivered.
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Assumpsit, for goods sold, etc. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Heard in this court at the March term, 1900. Statement.—This is an action of assumpsit, brought by appellee against appellant on an account for cement sold and delivered. Appellant pleaded the general issue and several special pleas of set-off, setting up an alleged contract between appellant and appellee, made on December 22, 1897, whereby appellee agreed to sell and deliver to appellant 22,000 barrels of seasoned Medusa Portland cement during the season of 1898, the…
1Opinion of the CourtJustice Sears
Counsel for appellant present three grounds, which they urge for a reversal of the judgment:
First. That the verdict is against the weight of the evidence on the issue raised by the pleas, which set up the alleged contract of appellee to furnish appellant 22,000 barrels of cement at agreed prices, and breach thereof.
Second. -That the court erred in rejecting evidence proffered by appellant.
Third. That the court erred in instructing the jury.
We agree with the learned trial judge, that the verdict, finding in effect that no contract was made between appellant and appellee for sale of 22,000…
2Cases cited2 opinions
- Delaware & Hudson Canal Co. v. MitchellAppellate Court of Illinois · 1901
- Strehmann v. City of ChicagoAppellate Court of Illinois · 1901