Scaling v. Knollin
Appellate Court of Illinois
Action upon an Implied Warranty.—Failure of title. Error to the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the October term, 1900. Statement.—In November, 1894, some 2,596 head of sheep were stolen from Griffith W. Edwards, and shipped by J. M. McLain from JEtifle, Colorado, to Chicago, Illinois, billed to said McLain, the shipper, as consignee.
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Action upon an Implied Warranty.—Failure of title. Error to the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the October term, 1900. Statement.—In November, 1894, some 2,596 head of sheep were stolen from Griffith W. Edwards, and shipped by J. M. McLain from JEtifle, Colorado, to Chicago, Illinois, billed to said McLain, the shipper, as consignee. The shipment was made with privilege of unloading and selling at Kansas City, with benefit of through freight rates. McLain unloaded the sheep at Kansas City and arranged with Scaling & Tamblyn,…
1Opinion of the CourtJustice Sears
The theory upon which this recovery is based is that of a breach of an implied warranty of title by seller to buyer. The chief controversy in the cause is as to whether Scaling & Tamblyn so dealt as to bind themselves as principals in the transaction, or merely acted as agents of a known "prim cipal, for whose obligations upon the sale they were not liable. It is not contended that Scaling & Tamblyn in express terms disclosed their principal or the fact of their agency. But it is contended by the learned counsel for appellant that the fact that they were known as commission brokers, together…
2Cases cited12 opinions
- Drennan v. BunnIllinois Supreme Court · 1888
- Mills v. HuntNew York Supreme Court · 1838
- Mauri v. HeffernanNew York Supreme Court · 1816
- Burton v. GoodspeedIllinois Supreme Court · 1873
- Mead v. AltgeldIllinois Supreme Court · 1891
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3Cited by4 opinions
- Vander Wagen Bros. Inc. v. BarnesAppellate Court of Illinois · 1973
- Geiselman v. RoddinghausAppellate Court of Illinois · 1910
- Harris v. MickleAppellate Court of Illinois · 1925
- Macdonald v. BondAppellate Court of Illinois · 1901