Anaconda Copper Mining Co. v. Houston
Appellate Court of Illinois
Assumpsit, for goods sold and delivered. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge presiding. Heard in the Branch Appellate Court at the March term, 1903. This is an action in assumpsit to recover for lumber sold and delivered by appellees to appellant. The cause was submitted to the trial court upon an agreed statement of facts. July 18, 1899, appellant wrote asking appellees, ■“ Please quote us f. o. b.
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Assumpsit, for goods sold and delivered. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge presiding. Heard in the Branch Appellate Court at the March term, 1903. This is an action in assumpsit to recover for lumber sold and delivered by appellees to appellant. The cause was submitted to the trial court upon an agreed statement of facts. July 18, 1899, appellant wrote asking appellees, ■“ Please quote us f. o. b. Chicago prices on the following,” specifying certain kinds of lumber. To this appellees replied four days thereafter. Thereupon appellant sent a letter as…
1Opinion of the CourtJustice Freeman
The contention in this case relates chiefly to that clause printed on the letter-head of appellant’s letter of August 2, 1899, containing the order for the bill of lumber in controversy, which clause reads as follows : “ Where goods are not routed according to shipping directions the total freight charges accruing over lines not designated will be charged to the shippers. This order to be accepted only on this condition.” The shipping directions were “ ship via C., B. & N. and Gr. H.” It is urged by appellant’s attorneys that by the acceptance of the order, appellees agreed to be bound by the…
2Cases cited7 opinions
- Summers v. Hibbard, Spencer, Bartlett & Co.Illinois Supreme Court · 1894
- Michaelis v. WolfIllinois Supreme Court · 1891
- Weintz v. HafnerIllinois Supreme Court · 1875
- Pickens v. BozellIndiana Supreme Court · 1858
- Boyle v. GuysingerIndiana Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bell & Howell Co. v. SpoorAppellate Court of Illinois · 1922