Lake Shore Sand Co. v. East Tennessee S. & M. Co.
Appellate Court of Illinois
Assumpsit, for goods sold and delivered. Appeal from the Superior Court of Cook County; the Hon. Samuel C. Stough, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1899.
1Opinion of the CourtJustice Shepard
This was a suit in assumpsit by the appellee against appellant to recover for a quantity of manufactured marble contracted for, most of which was delivered, and a part of which was offered for delivery but its acceptance refused.
There was a verdict and judgment for the plaintiff (appellee), and this appeal has followed.
Mo instructions to the jury appear to have been asked by either party, and the court gave none on its own motion.
The questions argued by appellant are ones of fact, and such as concern the admission and rejection of evidence. The marble was ordered from appellee for use in the…
2Cases cited1 opinion
- Bour v. Chicago & Wellston Coal Co.Appellate Court of Illinois · 1900