Opinion
Gen. No. 42,659. (Abstract of Decision.)
Opinion filed December 13, 1944. Released for publication January 4, 1945.
SALES, § 253 — insufficiency of evidence to show sale and delivery of gasoline by oil company. In oil company's suit to recover gasoline allegedly sold and delivered to defendant cartage company, judgment for plaintiff was reversed where there was no evidence adduced by plaintiff of any purchase orders signed by defendant for particular items of gasoline in controversy and plaintiff did not produce in evidence any receipt signed by defendant or anyone acting for it, nor was there any evidence of actual delivery of gasoline in question to defendant.
see Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. HAROLD P. O'CONNELL, Judge, presiding.
Judgment reversed and remanded. Heard in the third division, first district, this court at the April term, 1943.
Eugene L. Cohn, for appellant;
Gerald H. Crane, for appellee;
Louis P. Yangas, of counsel.
Not to be published in full. Opinion filed December 13, 1944.