Evans v. Chicago & Rock Island Railroad
Illinois Supreme Court
This was an action in assumpsit, brought to recover the value of four hundred and ninety-five cords of wood, claimed to have been delivered by plaintiff to defendant, at its request, in the months of January and February, 1857. Plaintiff filed his declaration in the usual form of the common counts. Defendant filed the following pleas: First—Plea of general issue. Second—Plea of payment.
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This was an action in assumpsit, brought to recover the value of four hundred and ninety-five cords of wood, claimed to have been delivered by plaintiff to defendant, at its request, in the months of January and February, 1857. Plaintiff filed his declaration in the usual form of the common counts. Defendant filed the following pleas: First—Plea of general issue. Second—Plea of payment. Third—A special plea, as follows : “ And for a further plea in this behalf, defendant saith, actio non, etc., because it saith that the wood mentioned in the declaration aforesaid, was sold and delivered upon…
1Opinion of the CourtWalker, J.
Even if there was entire want of authority, for the purchase of the wood, by Conlogue, the act was fully ratified by the company, by using it, and paying for it, in part. If he had no authority, and the company had designed to avoid liability, they would most unquestionably have refused to appropriate it to their use. If they had not designed to ratify the contract, they should not have appropriated the wood. We are therefore of the opinion that the parties are bound by the terms of the written agreement. Had plaintiff in error complied with his agreement, he would have been entitled to…
2Cited by12 opinions
- Keeler v. CliffordIllinois Supreme Court · 1897
- Porter v. the Arrow Head Reservoir Co.California Supreme Court · 1893
- Richards v. ShawIllinois Supreme Court · 1873
- Cochran v. HamblenCourt of Appeals of Texas · 1919
- Black Diamond Fuel Co. v. Illinois Fuel & Phosphate Co.Appellate Court of Illinois · 1920
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