Lehigh Valley Transportation Co. v. Post Sugar Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. T. N. Green, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. T. N. Green, Judge, presiding. On August 13, 1903, appellee, Post Sugar Company, a limited partnership doing business at Peoria Heights, Illinois, ordered from H. O. Wilbur & Sons, of Philadelphia, Pa., 5000 pounds of chocolate at twenty-one and one-half cents per pound, f. o. b. cars Philadelphia, to be shipped to Peoria Heights via lines of Chicago, Rock Island and Pacific Railway Company, hereinafter referred to as the Rock Island company. Peoria Heights…
1Opinion of the CourtJustice Scott
First—Appellant urges that there was a fatal variance between the declaration and the proof, in that the declaration counts upon a joint contract and joint liability on the part of appellant and the Rock Island company to carry the chocolate from Philadelphia to Peoria Heights, while the evidence shows that there was no joint contract, and that the contract of appellant was to carry to destination, if on its road, otherwise to deliver to another carrier on the route to said destination.
Conceding that a variance between the proof and the allegations of a declaration which are intended to set…
2Cases cited4 opinions
- Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
- Wabash Western Railway Co. v. FriedmanIllinois Supreme Court · 1892
- Indianapolis & St. Louis Railroad v. Herndon & VanduzenIllinois Supreme Court · 1876
- Scott v. CarrollIllinois Supreme Court · 1906
3Cited by11 opinions
- Linnberg v. City of Rock IslandAppellate Court of Illinois · 1910
- Linnberg v. City of Rock IslandAppellate Court of Illinois · 1907
- New York Central Railroad v. Lehigh Stone Co.Appellate Court of Illinois · 1921
- Wright v. McClintockAppellate Court of Illinois · 1907
- Williams v. MorrisIllinois Supreme Court · 1908
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