Legal Opinion

Kingsville Preserving Co. v. Frank

Appellate Court of Illinois

Decided February 13, 1900PublishedCited by 3 opinions

Assumpsit, for goods sold. Appeal from the Circuit Court of Cook County; the Hon. John C. Garver, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1899.

1Opinion of the CourtJustice Shepard

This was an action of assumpsit, brought by the appellant against the appellees to recover a balance of $211.50, claimed under a contract for the sale of canned fruits by appellant to appellees.

At the close of the evidence the court, upon the motion of the appellees, instructed the jury to return a verdict finding the issues for the defendants (appellees), which was accordingly done, and thereupon the court rendered judgment on the verdict and against the plaintiff (appellant) for costs.

The verdict was apparently directed upon the theory that an accord and satisfaction of the claim had…

2Cases cited1 opinion

  1. Lang v. LaneAppellate Court of Illinois · 1899

3Cited by3 opinions

  1. Harrison v. HendersonSupreme Court of Kansas · 1903
  2. Miller v. Prince Street Elevator Co.New Mexico Supreme Court · 1937
  3. Pidcock Roddenbery v. D.O. Williams Co.Missouri Court of Appeals · 1924

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