Chalmers Motor Co. v. Seney

Appellate Court of Illinois

Chalmers Motor Co. v. Seney

195 Ill. App. 227

CourtAppellate Court of Illinois

DecidedOctober 15, 1915

DocketGen. No. 20,979

StatusPublished

This text of 195 Ill. App. 227 (Chalmers Motor Co. v. Seney) 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

Chalmers Motor Co. v. Seney, 195 Ill. App. 227 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Presiding Justice Pam

delivered the opinion of the court.

4. Sales, § 244*—when, affidavit setting up warranty properly stricken. In an action on a written contract which contains no warranty, a motion to strike an amended affidavit of merits, the only issue presented by which is as to whether or not plaintiff had entered into a warranty, is properly allowed. • 5. Damages, § 227*—when motion for assessment by jury made too late. A motion, in an action on a contract, to have the damages assessed by the jury is too late when not made until after the court had assessed plaintiff’s damages and entered judgment. 6. Costs, § 67*—when damages allowed for vexatious appeal. Evidence examined and held to show that an appeal was prosecuted merely for delay, and ten per cent, damages allowed.

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Mr. Presiding Justice Pam

delivered the opinion of the court.

4. Sales, § 244*—when, affidavit setting up warranty properly stricken. In an action on a written contract which contains no warranty, a motion to strike an amended affidavit of merits, the only issue presented by which is as to whether or not plaintiff had entered into a warranty, is properly allowed. • 5. Damages, § 227*—when motion for assessment by jury made too late. A motion, in an action on a contract, to have the damages assessed by the jury is too late when not made until after the court had assessed plaintiff’s damages and entered judgment. 6. Costs, § 67*—when damages allowed for vexatious appeal. Evidence examined and held to show that an appeal was prosecuted merely for delay, and ten per cent, damages allowed.

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Bluebook (online)

195 Ill. App. 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chalmers-motor-co-v-seney-illappct-1915.