(Download) "Ozier v. Haines" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ozier v. Haines
- Author : Supreme Court of Illinois
- Release Date : January 24, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Plaintiffs, the operators of a grain elevator, brought this suit in the circuit court of Piatt County to recover $4450 damages which allegedly resulted when the defendant, George Haines, breached an oral contract whereby he sold 5000 bushels of corn to plaintiffs. Defendant filed a motion to dismiss the complaint, setting up the Statute of Frauds as a defense. The trial court allowed the motion and when plaintiffs elected to stand by their pleading, final judgment was entered for defendant. An appeal followed in which the judgment of the trial court was affirmed by the Appellate Court. (343 Ill. App. 400.) The latter court has granted plaintiffs' petition for leave to appeal to this court, certifying that important questions of law are involved in the cause. In substance, the complaint alleged that defendant came to plaintiffs' elevator on February 11, 1947, and verbally sold them 5000 bushels of corn at $1.24 per bushel; that relying on said contract of sale, plaintiffs immediately resold the corn to a broker in Decatur, by telephone, while defendant was still in their offices, and that defendant knew the grain had been resold in reliance upon his agreement, thereby estopping him to defend against his acts, representations and contract. The complaint further alleged that it was the custom of the trade, and of plaintiffs' elevator, to buy and sell grain upon verbal contracts, and for the purchasing elevator, immediately upon the verbal sale being made, to resell to a grain broker, which customs were well known to all the parties here and relied upon by them. The complaint continued that defendant thereafter refused to deliver the corn, making it necessary for plaintiffs to purchase corn on the open market, at a higher price, to fulfill their obligation to the broker, and necessitating this suit to recover $4450, the difference in price at which corn was purchased on the open market and the price at which defendant had agreed to sell to plaintiffs.
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