Opinion
Gen. No. 42,100. (Abstract of Decision.)
Opinion filed October 26, 1942
SALES, § 115 — grounds or excuses for refusal to accept goods. Where defendant company was engaged in the business of selling water from a certain well, and the individual defendants were owners of the land on which the well was located and they stated in writing that they would not hinder the carrying out of a written contract between plaintiff and defendant company to take a specified quantity of water over a period of years, and plaintiffs claimed the contract had been breached by defendant in that he shipped water and bottles that were dirty, the statement of the individual defendants was insufficient to warrant judgment against them, and a finding and judgment in plaintiff's favor against the defendant company was against the manifest weight of the evidence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. GEORGE B. WEISS, presiding.
Reversed as to certain defendants, reversed and remanded as to other defendants. Heard in first division, first district, this court at February term, 1942.
Chancellor Chancellor, for appellants;
Justus Chancellor, of counsel;
Perlman, Goodman, Hecht Chesler, for appellee;
Theodore E. Rein, Morton C. Chesler and Morris Blank, of counsel.
"Not to be published in full." Opinion filed October 26, 1942.