Birdsell Manufacturing Co. v. Oglevee
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;-—heard in that court on appeal from the Circuit Court of DeWitt county; the Hon. W. G. Cochran, Judge, presiding. On January 11, 1895, appellant, an Indiana corporation, made a consignment of wagons and other property to the Leavitt & Oglevee Company, an Illinois corporation, the consignee agreeing to sell the same and to remit the proceeds thereof, when sold, to appellant. A part were sold and remitted for.
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Appeal from the Appellate Court for the Third District;-—heard in that court on appeal from the Circuit Court of DeWitt county; the Hon. W. G. Cochran, Judge, presiding. On January 11, 1895, appellant, an Indiana corporation, made a consignment of wagons and other property to the Leavitt & Oglevee Company, an Illinois corporation, the consignee agreeing to sell the same and to remit the proceeds thereof, when sold, to appellant. A part were sold and remitted for. On December 18, 1895, the Leavitt & Oglevee Company traded the balance of the property consigned to it by. the appellant, invoiced…
1Opinion of the CourtJustice Hand
The appellant insists there is no evidence to support the judgment in this case, and for that reason, mainly, asks for a reversal thereof. We have looked into the record carefully, and are of the opinion it contains some evidence tending to show that after appellant was notified of the transfer to Evans it acquiesced therein, treated its consignment as a sale to the Leavitt & Oglevee Company, and thereby waived the alleged tort and elected to accept such company as its contract debtor. Whether this evidence is weak or strong is not a question for this court, as the judgment of the Appellate…
2Cases cited2 opinions
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