Opinion
Gen. No. 43,892. (Abstract of Decision.)
Opinion filed February 17, 1948 Released for publication March 9, 1948
CONTRACTS, § 29 — mere offer to sell. In replevin suit by alleged purchaser of liquor against warehouseman to recover liquor stored in warehouse by intervening petitioner, evidence showed conclusively that no contract, oral or written, for sale of liquor by petitioner to alleged purchaser was ever consummated and therefore title to liquor was not transferred to alleged purchaser, where during negotiations between parties petitioner stated that his liquor would be available for purchase, and testimony indicated that negotiations for sale were merely preliminary and tentative and that both parties contemplated that liquor would be sold under written contract which was never signed, and that there was only intention and proposal to sell which never materialized.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the HON. JOHN F. HAAS, Judge, presiding.
Reversed and remanded with directions. Heard in the second division, first district, this court at the October term, 1946.
Poppenhusen, Johnston, Thompson Raymond, for appellant;
Henry J. Brandt, of counsel;
Brill May, for appellee;
Albert J. Horrell, and Harry May, of counsel.
Not to be published in full. Opinion filed February 17, 1948; released for publication March 9, 1948.