Sells v. Sandwich Manufacturing Co.

Appellate Court of Illinois

Sells v. Sandwich Manufacturing Co.

21 Ill. App. 56, 1886 Ill. App. LEXIS 566

DecidedMay 21, 1886

StatusPublished

This text of 21 Ill. App. 56 (Sells v. Sandwich Manufacturing 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.

Bluebook

Sells v. Sandwich Manufacturing Co., 21 Ill. App. 56, 1886 Ill. App. LEXIS 566 (Ill. Ct. App. 1886).

Pincite

Opinion

Per Curiam.

Appellee brought this suit béfore a Justice of the Peace on the last of two notes given by appellant for a harvester and binder sold to him, which was “ to be made to do good work or to be replaced by a new machine.” On appeal the plaintiff got a verdict and judgment for $175.48, damages.

It appeai-s that a new machine was given. If it did good work, or was absolutely accepted, the defendant was liable. On both these points the evidence was conflicting, and the instructions were not strictly consistent; but on the whole we think the jury could not have been misled, and perceive no sufficient reason for disturbing their finding for plaintiff.

, The amount, however, improperly included ten dollars for an attorney fee (for which the note provided if not paid when due and suit should be brought thereon) which appellee here remitted by leave of this court. The judgment will be affirmed for $165.48.

Judgment affirmed,.

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Per Curiam.

Appellee brought this suit béfore a Justice of the Peace on the last of two notes given by appellant for a harvester and binder sold to him, which was “ to be made to do good work or to be replaced by a new machine.” On appeal the plaintiff got a verdict and judgment for $175.48, damages.

It appeai-s that a new machine was given. If it did good work, or was absolutely accepted, the defendant was liable. On both these points the evidence was conflicting, and the instructions were not strictly consistent; but on the whole we think the jury could not have been misled, and perceive no sufficient reason for disturbing their finding for plaintiff.

, The amount, however, improperly included ten dollars for an attorney fee (for which the note provided if not paid when due and suit should be brought thereon) which appellee here remitted by leave of this court. The judgment will be affirmed for $165.48.

Judgment affirmed,.

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Bluebook (online)

21 Ill. App. 56, 1886 Ill. App. LEXIS 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sells-v-sandwich-manufacturing-co-illappct-1886.