Peoria Grape Sugar Co. v. Turney
Appellate Court of Illinois
Assumpsit, for coal sold and delivered. Appeal from the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Heard in this court at the March term, 1895. Statement of the Case. This was an action td recover for coal sold and delivered. The action was in the court below claimed and treated as being based upon a written contract introduced in evidence.
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the Court.
The written contract introduced in evidence bears date and appears to have been made February 1, 1894. The suit was for coal delivered in December, 1893, January and February, 1894.
It is manifest that only the February coal can have been delivered under the written contract.
The written contract in any event fixes the price of coal delivered in F ebruary only. Before a recovery could be had for coal delivered previous to the making of this contract, the price or value of such coal must be shown. It was therefore error to instruct…
2Cases cited1 opinion
- B. S. Green Co. v. SmithAppellate Court of Illinois · 1894
3Cited by3 opinions
- Weigle v. BrautigamAppellate Court of Illinois · 1898
- Nitro Powder Co. v. KearnsSupreme Court of Colorado · 1911
- Lutcher & Moore Lumber Co. v. EellsAppellate Court of Illinois · 1903