Titley v. Enterprise Stone Co.
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. John P. Altgeld, Judge, presiding.
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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. John P. Altgeld, Judge, presiding. Appellee sued appellants in assumpsit, in the Superior Court of Cook county, for the price of stone delivered under a contract, of which the -following is a copy: “Chicago, March 20, 1885. “It is hereby agreed between Enterprise Stone Company of Chicago, Illinois, and J. & J. Titley, of the same place, that for the sum of seven dollars per cord, and the use of a derrick to unload same, provided there are two derricks on…
1Opinion of the CourtJustice Scholeield
During the progress of the trial, appellants’ counsel proposed to prove, but was denied the right to do so by the trial court, that had more stone been delivered during a time named, it could have been sold. The court informed the counsel that he was at liberty to prove “that there was a strong demand during that time, and whether defendants were able to supply that demand.” This ruling is now insisted upon as ground of reversal. We think the trial court was right. What could have been sold is purely conjectural. The inquiry should have been limited to the facts, the extent of the demand at…
2Cases cited4 opinions
- Babcock v. TriceIllinois Supreme Court · 1857
- Crabtree v. KileIllinois Supreme Court · 1859
- Thorne v. McVeaghIllinois Supreme Court · 1874
- Thompson v. LibbySupreme Court of Minnesota · 1886
3Cited by4 opinions
- Barker v. TurnbullAppellate Court of Illinois · 1894
- McLeod v. Andrews & Johnson Co.Appellate Court of Illinois · 1904
- Worth-Huskey Coal Co. v. Columbia Malting Co.Appellate Court of Illinois · 1923
- Luetgert v. VolkerAppellate Court of Illinois · 1894