White v. Thomas
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. J. Sibley, Judge, presiding. The facts in this case appear in the opinion.
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Appeal from the Circuit Court of Adams county; the Hon. J. Sibley, Judge, presiding. The facts in this case appear in the opinion. The following instructions, among others, were given for the plaintiff in the court below: “ 1. If the jury believe, from the evidence, that the defendant made with the plaintiff the agreement in either count of plaintiff’s .declaration alleged, and before the time for execution of the same on his part, by his own act put it out of his power to perform said agreement, then he is liable to the plaintiff in this suit for such damages as the plaintiff sustained by…
1Opinion of the CourtChief Justice Walker
This was an action of assumpsit, founded on an alleged breach of contract to deliver to appellee sixty head of good cattle, out of a lot of eighty head, then owned by 'appellant, which appellee had purchased of'appellant; and which he agreed to deliver to him on any day between the first and fifteenth days of March, 1865, at the option of appellee at Camp Point. And appellee was to pay appellant therefor, at the rate of six dollars per hundred pounds gross weight, on delivery. And that on the 13th day of March, 1865, appellee notified appellant that he was ready to receive the cattle at Camp…
2Cited by3 opinions
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- Osgood v. SkinnerAppellate Court of Illinois · 1904
- Fontaine v. Southern Pac. R.R.California Supreme Court · 1880