Opinion
Gen. No. 44,091. (Abstract of Decision.)
Opinion filed February 25, 1948 Released for publication March 25, 1948
SALES, § 253 — sufficiency of evidence to sustain judgments for defendants in purchasers' action. In action by purchasers for scrap rail from one defendant railroad for amount owing plaintiffs because of such defendant's delivery of quantity of rail less than paid for, against second railroad for negligent failure to deliver to subsequent purchaser all of rail plaintiffs claimed they delivered to it for transportation, and against subsequent purchaser for payment of difference between quantity of rail admittedly received by it and quantity which plaintiffs alleged was delivered to it, evidence supported court's findings and judgments against plaintiffs and in favor of defendants.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. CHAS. A. WILLIAMS, Judge, presiding.
Judgments affirmed. Heard in the third division, first district, this court at the June term, 1947.
Litsinger, Gatenbey Spuller, for appellants;
Morton E. Anderson, Berthold L. Goldberg (Hyland J. Paullin) (Lawrence C. Mills and John W. Mills), (Vernon W. Foster, Chas. A. Helsell and John W. Freels), of counsel;
Dempsey, Mills Casey and Herbert J. Deany, Robert C. Lind for certain appellees.
Not to be published in full. Opinion filed February 25, 1948; released for publication March 25, 1948.