Glidden v. Pooler
Appellate Court of Illinois
Memorandum.—Assumpsit on promissory note. Pleas: general issue; set-off; breach of warranty; failure of consideration. Judgment for defendant. Appeal from the Circuit Court of DeKalb County; the Hon. Charles Kellum, Judge, presiding. Heard in this court at the May-term, 1893.
1Opinion of the Court
Opinion of the Court,
Cartwright, J.
Appellee bought a Peroheron stallion from appellant April 15, 1888, and executed his three promissory notes, aggregating §1,300, with six per cent interest, payable to appellant for the purchase price. The notes having all matured, this suit was brought to enforce their payment. The defense made was that the stallion was warranted to be a sure foal getter, and that there was a breach of such warranty with consequent damages. The jury'allowed to appellee, as damages under that defense, the whole amount of the note, which was the entire purchase price of the…
2Cases cited2 opinions
- Green v. WilliamsIllinois Supreme Court · 1867
- Hodgman v. State Line & Sullivan RailroadAppellate Court of Illinois · 1892
3Cited by6 opinions
- Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
- Rhea Thielens Implement Co. v. Racine Malleable & Wrought Iron Co.Appellate Court of Illinois · 1900
- Lapp v. Illinois Watch Co.Appellate Court of Illinois · 1902
- National Bank of Anadarko v. OldhamSupreme Court of Oklahoma · 1910
- Springer v. PuckettColorado Court of Appeals · 1914
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