W. H. Purcell Co. v. Sage

Appellees sued appellant in assumpsit in the circuit court of Cook county for certain anthracite coal sold and delivered. The declaration contained only the common counts, but the claim is under a written agreement dated July 20, 1895, and for coal delivered during the months of February and March, 1896. The pleas were nonassumpsit and set-off, the defendant claiming by the latter plea damages for the alleged failure of the plaintiff to deliver to it certain of the coal contracted for. To that plea a demurrer was sustained, and the defendant elected to abide by the plea. A jury was waived by…