Thorne v. McVeagh
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by Franklin MeVeagh, Wayne McVeagh, John B. Raymond and Henry C. Bannard, partners, against Alexander Thorne and John Thorne, partners, to recover damages on a breach of warranty in a lot of hams sold by the defendants to the plaintiffs.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by Franklin MeVeagh, Wayne McVeagh, John B. Raymond and Henry C. Bannard, partners, against Alexander Thorne and John Thorne, partners, to recover damages on a breach of warranty in a lot of hams sold by the defendants to the plaintiffs. A trial was had resulting in a verdict and judgment in favor of the plaintiffs for $2,798. The hams sold weighed 20,020 pounds, and the price was 12& cents per pound. The purchasers had made a sale of 20,000 pounds of hams of the…
1Opinion of the CourtJustice Breese
This was assumpsit, in the Superior Court of Cook county, to recover of defendants the price paid for a quantity of smoked hams, together with the freight on the same to Salt Lake City, and the profits of resale which plaintiff would have realized had the hams proved of the quality represented. A recovery was claimed on the allegation that the quality of the hams was warranted to be “ first class,” which they proved not to be.
There was a verdict and judgment for the plaintiffs; a new trial was refused, and defendants appeal.
The principal question for the jury was, as to the terms of the…
2Cases cited3 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Wheeler v. ReedIllinois Supreme Court · 1864
- Crabtree v. KileIllinois Supreme Court · 1859
3Cited by16 opinions
- Accumulator Co. v. Dubuque St. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- English v. Spokane Com. Co.Court of Appeals for the Ninth Circuit · 1893
- Industrial Natural Gas Co. v. Sunflower Natural Gasoline Co.Appellate Court of Illinois · 1947
- Thorne v. PrentissIllinois Supreme Court · 1876
- VanHorn v. StautzIllinois Supreme Court · 1921
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