Brockhausen v. Stover Gas Machine Manufacturing Co.

Appellate Court of Illinois

Brockhausen v. Stover Gas Machine Manufacturing Co.

209 Ill. App. 102, 1918 Ill. App. LEXIS 597

Appellate Court of Illinois·Decided February 12, 1918·No. Gen. No. 6,474·Published

Opinion

Mr. Justice Niehaus

delivered the opinion of the court.

Abstract of the Decision. Evidence, § 265*—when sale slip memorandum of seller of parol contract of sale is inadmissible. A sale slip memorandum, made by the seller of a motor truck, of a parol contract of sale, from which the seller made up his account books, was not competent evidence of the facts purported to be recited therein as to the terms of the sale, where it was not made in the presence of the buyer or acquiesced in by him, in an action to recover the purchase price, wherein the question was whether the sale was conditional or unconditional.

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Mr. Justice Niehaus

delivered the opinion of the court.

Abstract of the Decision. Evidence, § 265*—when sale slip memorandum of seller of parol contract of sale is inadmissible. A sale slip memorandum, made by the seller of a motor truck, of a parol contract of sale, from which the seller made up his account books, was not competent evidence of the facts purported to be recited therein as to the terms of the sale, where it was not made in the presence of the buyer or acquiesced in by him, in an action to recover the purchase price, wherein the question was whether the sale was conditional or unconditional.

Brockhausen v. Stover Gas Machine Manufacturing Co., 209 Ill. App. 102, 1918 Ill. App. LEXIS 597 (Ill. Ct. App. 1918).

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