Canterberry v. Miller
| Decision Date | 31 January 1875 |
| Citation | 1875 WL 8209,76 Ill. 355 |
| Parties | OLIVER P. CANTERBERRYv.CHARLES MILLER. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Sangamon county; the Hon. CHARLES S. ZANE, Judge, presiding.
Messrs. CULLOM, SCHOLES & MATHER, for the appellant.
Messrs. MATHENY & MCGUIRE, for the appellee.
This was an action of assumpsit, brought by appellant, in the circuit court of Sangamon county, against appellee, to recover for a breach of a contract, in and by which it is claimed by appellant he sold appellee 100 head of hogs for a certain price, and to be delivered at a certain time and place, which appellee failed and refused to accept and pay for according to the terms of the contract.
In support of the contract sued upon, appellant testified that, on the 30th day of April, 1873, he and appellee made a contract in writing in regard to the sale of the hogs, and that he signed and delivered to appellee the following writing:
“I have this day bought of O. P. Canterberry 100 head of hogs, to average 225 lbs. and over, to be delivered at Sherman between the 1st and 20th of July, at my option. The hogs to be weighed on his scales, and delivered at his expense. All the above hogs to be well fatted, no sows to show pigs, no stags or boars. For which I agree to pay $4.50 per hundred lbs. on delivery.
This 30th day of April, 1873.
O. P. CANTERBERRY.”
And that, at the same time, appellee signed and delivered to him a writing, as follows:
“ I have this day sold to Charles Miller 100 head of hogs, to average 225 lbs. and over. The hogs to be weighed at my scales, and delivered at Sherman at my expense, between the 1st and 20th of July, at his option. All the above hogs to be well fatted, no sows to show pigs, no stags or boars. For which he agrees to pay $4.50 per hundred lbs. on delivery.
This 30th day of April, 1873.
CHARLES MILLER.”
These writings were offered in evidence by appellant, but were excluded by the court, and no other evidence having been introduced by appellant in support of the contract declared upon in the declaration, the jury returned a verdict in favor of appellee, upon which the court rendered judgment.
The only question presented by the record is, whether these writings constitute a valid contract between the parties. The two instruments having been made at the same time, and relating to the same subject matter, may be regarded as a single instrument, and construed together.
But when viewed in this manner, do they constitute a contract that can be enforced in a court of law?
A contract is defined to be an agreement of two or more persons upon a sufficient consideration to do or not to do a particular thing. 2 Kent, 450.
But these papers, offered in evidence as a contract, do not appear to...
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