Metz v. Albrecht
Illinois Supreme Court
Appeal from the Circuit Court of Cook county ; the Hon. Ekastus S. Williams, Judge, presiding. This was an action of assumpsit, the declaration in which contained several counts, but substantially alike, so far as concerns the questions arising thereon.
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Appeal from the Circuit Court of Cook county ; the Hon. Ekastus S. Williams, Judge, presiding. This was an action of assumpsit, the declaration in which contained several counts, but substantially alike, so far as concerns the questions arising thereon. The first count was as follows: “ George Metz and Edward Stege, plaintiffs, complain of Jacob Albrecht, the defendant, who is summoned, &c., of a plea of trespass on the case on promises; for that whereas heretofore to-wit: on the twenty-fifth day of August, A. D. 1867, at Chicago, in said county of Cook, the said plaintiffs, at the special…
1Opinion of the CourtChief Justice Breese
This was an action of assumpsit, brought to the Cook circuit court, by George Metz and Edward Stege against Jacob Albrecht, for damages occasioned by the failure of the defendant to deliver to plaintiffs a certain quantity of barley he had contracted to deliver to plaintiffs. The pleas were, non assumpsit and set-off. There was a verdict and judgment for the defendant to the amount of his set-off, to reverse which plaintiffs bring the record to this court..
The principal points are made upon the instructions. Some controversy is made upon the construction of the contract— the defendant…
2Cited by13 opinions
- Pond Creek Mill & Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1920
- Sperry & Hutchinson Co. v. Siegel, Cooper & Co.Illinois Supreme Court · 1923
- Burstein v. PhillipsWisconsin Supreme Court · 1913
- Denver, T. & G. R. v. Hutchins & HyattNebraska Supreme Court · 1891
- FIDELITY FEDERAL S. & L. ASS'N v. Pioneer Nat. Title Ins. Co.District Court, S.D. Illinois · 1977
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