Knapp Electrical Works v. New York Insulated Wire Co.

Appellate Court of Illinois

Knapp Electrical Works v. New York Insulated Wire Co.

57 Ill. App. 82, 1894 Ill. App. LEXIS 222

DecidedDecember 20, 1894

StatusPublished

This text of 57 Ill. App. 82 (Knapp Electrical Works v. New York Insulated Wire Co.) 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.

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Knapp Electrical Works v. New York Insulated Wire Co., 57 Ill. App. 82, 1894 Ill. App. LEXIS 222 (Ill. Ct. App. 1894).

Pincite

Opinion

Mr. Presiding Justice Waterman

delivered the opinion oe the Court.

The agreement of the parties provided that goods should be consigned to appellant at certain specified prices, free on board cars at Wallingford, Conn., or New York; and that appellant should pay for such as he sold, at these prices ivithout any deductions.

Under this contract appellant had to pay all freight and other charges incurred in getting the goods from Walling-ford or New York to his store in Chicago; it follows, therefore, that when, in accordance with its provisions the contract was terminated, and by mutual agreement he returned to appellee the goods remaining unsold, he was- not entitled to freight or charges he had paid thereon. The claims of appellee for freight and cartage were, therefore, properly allowed.

We regard the finding of the Superior Court upon the question of the amount of goods returned as, under the conflicting testimony, one that we ought not to disturb. We have upon the basis of our rulings gone through the accounts presented, and find that judgment should have been rendered for the sum of $1,031.48, only.

The judgment of the Superior Court will be affirmed for that sum.

The costs of this appeal will be taxed against appellee. Affirmed for $1,031.48.

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