Howard v. Babcock
Illinois Supreme Court
This was an action of debt, commenced by Howard against Babcock, in the Fulton Circuit Court. The declaration contained seven counts, the three first upon an award in writing, by arbitrators; the fourth, for a mare sold and delivered; the fifth, for chattels, mares, horses and lands bargained and sold; the sixth, for money paid, etc.; and the seventh, on account stated.
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This was an action of debt, commenced by Howard against Babcock, in the Fulton Circuit Court. The declaration contained seven counts, the three first upon an award in writing, by arbitrators; the fourth, for a mare sold and delivered; the fifth, for chattels, mares, horses and lands bargained and sold; the sixth, for money paid, etc.; and the seventh, on account stated. The award counted upon was made by virtue of a parol submission of a difference as to Babcock’s liability to Howard, for the value of a mare that died in the possession of the former, and it provides and determines that…
1Opinion of the CourtBreese, J.
The principal question presented by this record is, were the mares sold and delivered to the plaintiff in error, Howard ?
We do not consider it important to inquire whether there was an actual delivery or not, it being sufficient, as between the immediate parties, Howard and Babcock, that a bargain was struck, and the title to the mares became vested in Howard.
We have gone over this whole ground in the case of Wade v. Moffatts, post, and reaffirm the doctrine there sought to be established. The inaccuracy of the ninth instruction, made so by the qualification of the court, by the insertion of…
2Cited by3 opinions
- Manion v. Chicago, Rock Island & Pacific Ry. Co.Appellate Court of Illinois · 1956
- Burrows v. GuthrieIllinois Supreme Court · 1871
- McCurrie v. Edward Hines Lumber Co.Appellate Court of Illinois · 1913