National Linseed Oil Co. v. Heath & Milligan Co.
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. The National Linseed Oil Company, a corporation of this State, engaged in the business of manufacturing and selling linseed oil, sold to the Heath & Milligan Manufacturing Company, another corporation, engaged in the business of manufacturing and selling paints, large quantities of linseed oil.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. The National Linseed Oil Company, a corporation of this State, engaged in the business of manufacturing and selling linseed oil, sold to the Heath & Milligan Manufacturing Company, another corporation, engaged in the business of manufacturing and selling paints, large quantities of linseed oil. The sales were made from time to time, extending over a period of more than five years. The contracts were for the sale and…
1Opinion of the CourtChief Justice Wilkin
This case must be remanded to the Appellate Court. By the mandate of the statute, if that court found the facts of the case wholly or in part different from the trial court, it was its duty to recite in its final judgment the ultimate facts as found by it, and its judgment would thereupon have become final and conclusive as to all matters of. fact in controversy in the case. (3 Starr & Cur. Stat. chap. 110, sec. 87, p. 3114.) Having failed to recite any finding of the facts in its judgment, we must presume that it did not reach a different conclusion as to the facts from that of the circuit…
2Cases cited1 opinion
- W. H. Purcell Co. v. SageIllinois Supreme Court · 1901
3Cited by5 opinions
- Roemheld v. City of ChicagoIllinois Supreme Court · 1907
- Hogan v. Chicago & Alton RailroadIllinois Supreme Court · 1903
- Lewellyn v. Pere Marquette RailroadAppellate Court of Illinois · 1914
- Heath & Milligan Manufacturing Co. v. National Linseed Oil Co.Illinois Supreme Court · 1902
- Heath & Milligan Mfg. Co. v. National Linseed Oil Co.Appellate Court of Illinois · 1901