Stevens v. Bradley
Illinois Supreme Court
This action was assumpsit, commenced in the Cook Circuit Court by attachment. The declaration contains two counts upon a special executory contract for the sale of goods, and the common counts.
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This action was assumpsit, commenced in the Cook Circuit Court by attachment. The declaration contains two counts upon a special executory contract for the sale of goods, and the common counts. The first special count was, in substance, that on the 29th day of December, 1856, in consideration that the plaintiff, at the request of defendant, would sell and deliver to defendant a certain quantity of goods, viz.:—all and singular the entire stock of boots and shoes, then being in a certain building, occupied by plaintiff, in the city of Chicago, at a price then agreed upon, of six thousand eight…
1Opinion of the CourtWalkeb, J.
The appellant urges a reversal of the judgment in this case, because he was not in default when the suit was instituted. The evidence shows that appellee sold to appellant a stock of merchandise and received as a portion of the consideration real estate, and was to receive the balance in notes, with Tucker as security, due at different times, from two to ten months from the date of the sale. But by some subsequent arrangement, he received appellant’s notes for the amount, to be held until the others were procured.
Porter testified, at the time of the purchase it was agreeed that the notes were…
2Cases cited1 opinion
- Harris v. JohnstonSupreme Court of the United States · 1806
3Cited by2 opinions
- Tiernan v. GrangerIllinois Supreme Court · 1872
- Pyle v. CrebsAppellate Court of Illinois · 1904