Opinion
Gen. No, 41,715. (Abstract of Decision.)
Opinion filed May 27, 1942 Rehearing denied June 24, 1942
SALES, § 87 — delivery of approximate amount to fulfill contract. In an action to recover damages for breach of contract to supply scrap iron, where the purchase order called for approximately 2,000 tons and something over 1,200 tons was delivered, where purchaser knew seller's only supply was an accumulation on hand, seller fulfilled the contract by delivering the contents of the four piles of scrap iron inspected.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. DANIEL P. TRUDE, presiding.
Judgment for plaintiff reversed and cause remanded with directions. Heard in third division, first district, this court at June term, 1941.
Wilhartz Hirsch, for appellant;
Samuel E. Hirsch, Julian H. Levi and William Ruger, of counsel;
Wilfred M. Doherty and Defrees, Buckingham, Fiske O'Brien, for appellee;
John Merrill Baker, of counsel.
"Not to be published in full." Opinion filed May 27, 1942; rehearing denied June 24, 1942.