Luetgert v. Volker

Appellate Court of Illinois

Luetgert v. Volker

54 Ill. App. 287, 1894 Ill. App. LEXIS 100

CourtAppellate Court of Illinois

DecidedJune 18, 1894

StatusPublished

Cited by1 cases

This text of 54 Ill. App. 287 (Luetgert v. Volker) 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

Luetgert v. Volker, 54 Ill. App. 287, 1894 Ill. App. LEXIS 100 (Ill. Ct. App. 1894).

Pincite

Opinion

Mr. Justice Gary

delivered the opinion of the Court.

The appellee sued the appellant for the price of 28,564 pounds of sausages at thirteen cents per pound, sold and delivered to the appellant by the appellee, about July 1, 1889, to be paid for in twenty days from delivery.

The defense was bad quality of the sausages, that the sale was by sample, etc. The jury found specially that the sale was not by sample, and by that finding in effect found, when the evidence in the case is considered, that the sale was without warranty or fraud. This finding was amply justified by the evidence.

The appellant went through the stock and examined it as much as he chose to do.

The criticisms of the appellant on the various steps of the trial are there lore unimportant, as the appellant took the sausages upon his own judgment and must pay the agreed price. Tilley v. Enterprise Stone Co., 127 Ill. 457; Becker v. Brawner, 18 Ill. App. 39.

The contract was in writing and interest was promptly allowed. Morris v. Wibaux, 47 Ill. App. 630, where the cases are collected.

The judgment is affirmed.

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