Acme-Evans Co. v. Hunter

Appellate Court of Illinois

Acme-Evans Co. v. Hunter

194 Ill. App. 542, 1915 Ill. App. LEXIS 551

CourtAppellate Court of Illinois

DecidedOctober 5, 1915

DocketGen. No. 20,170

StatusPublished

Cited by1 cases

This text of 194 Ill. App. 542 (Acme-Evans Co. v. Hunter) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Acme-Evans Co. v. Hunter, 194 Ill. App. 542, 1915 Ill. App. LEXIS 551 (Ill. Ct. App. 1915).

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Opinion

Mr. Justice Holdom

delivered the opinion of the court.

4. Sat.es, § 60*—when contract executory. Where a contract for the sale of grain provided for prompt shipment on shipping instructions to be given by the vendee, held that the contract was in its essence executory. 5. Sales, § 306*—when notice of resale not required on breach by purchaser. In a contract for the sale of grain which is essentially executory, notice of a resale is not required. 6. Evidence, § 280*—when marlcet reports admissible to show values. Trade journals and market reports are primary evidence tending to show market values, for the reason that they are based on a survey of the whole market and are a source of information on which the business world relies, for which reasons they are more satisfactory than individual entries of sales and inquiries. 7. Evidence, § 51*—who has burden of disproving marlcet reports. Where market reports admitted as tending to show market value do not state the correct market price, the burden is on the adverse party to show that fact.

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Mr. Justice Holdom

delivered the opinion of the court.

4. Sat.es, § 60*—when contract executory. Where a contract for the sale of grain provided for prompt shipment on shipping instructions to be given by the vendee, held that the contract was in its essence executory. 5. Sales, § 306*—when notice of resale not required on breach by purchaser. In a contract for the sale of grain which is essentially executory, notice of a resale is not required. 6. Evidence, § 280*—when marlcet reports admissible to show values. Trade journals and market reports are primary evidence tending to show market values, for the reason that they are based on a survey of the whole market and are a source of information on which the business world relies, for which reasons they are more satisfactory than individual entries of sales and inquiries. 7. Evidence, § 51*—who has burden of disproving marlcet reports. Where market reports admitted as tending to show market value do not state the correct market price, the burden is on the adverse party to show that fact.

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Bluebook (online)

194 Ill. App. 542, 1915 Ill. App. LEXIS 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acme-evans-co-v-hunter-illappct-1915.

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