Wagner v. Heckenkamp
Appellate Court of Illinois
Assumpsit, for goods sold and delivered. Trial in the Circuit Court of Adams County, on appeal from a justice of the peace; the Hon. John C. Broady, Judge, presiding. Judgment against defendant for $9.25, and against plaintiff for costs. Heard in this court at the May term, 1899.
1Opinion of the Court
Mr. Presiding Justice Wright
delivered the opinion of the court.
This suit originated before a justice of the peace, as a claim by appellant against appellees fór a few bushels of apples belonging to the former, and taken by the latter by mistake. Before the suit was commenced appellees tendered to appellants $9.25 unconditionally, which tender was refused, and the same tender was renewed in the justice’s court with like refusal, and after appeal to the Circuit Court the money was withdrawn and a tender thereof renewed at the trial in the Circuit Court, and upon its refusal the money was…
2Cases cited2 opinions
- Monroe v. ChaldeckIllinois Supreme Court · 1875
- McDaniel v. UptonAppellate Court of Illinois · 1892
3Cited by1 opinion
- Warth v. L. Loewenstein & SonsAppellate Court of Illinois · 1905