Russell v. Gillmore
Illinois Supreme Court
Appeal from the Circuit Court of Effingham county; the Hon.-Hiram B. Decius, Judge, presiding. In 1866, James L. Gillmore, plaintiff in this case, went to one Burke, agent of the defendants, to buy a mower. Burke offered him a “ Russell mower ” for $130. Gillmore offered five dollars less.
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Appeal from the Circuit Court of Effingham county; the Hon.-Hiram B. Decius, Judge, presiding. In 1866, James L. Gillmore, plaintiff in this case, went to one Burke, agent of the defendants, to buy a mower. Burke offered him a “ Russell mower ” for $130. Gillmore offered five dollars less. They could not agree, but, after awhile, one Jay 1ST. Faulk told Gillmore that Burke was owing him fifty or sixty dollars, and that he, Faulk, would buy the mower, cut one meadow, turn in what Burke was owing him, and then turn over the machine to Gillmore for what he had offered Burke ($125). This…
1Opinion of the CourtJustice Breese
This was an action of assumpsit on the common counts, commenced by attachment in the Effingham circuit court, by James L. Gillmore, against Joseph K. Russell and others, and a verdict and judgment for the plaintiff. The record is brought here by the defendants, by appeal.
Several questions are raised by the assignment of errors, which have been duly considered.
The first is, can a plaintiff, on the facts appearing in this case, maintain an action of assumpsit on the common counts only?
It is argued by appellee, that the action for money had and received, is a great favorite with courts, and the…
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