Boynton v. Wicker

Citations

• 45 Ill. 137

Syllabus

<p>1. The case of Bacon v. Cobb, ante, p. 47, must be understood as decisive of this case, with the exception of a single question, and which did not arise in that suit.</p> <p>2. Contracts—for the delvoery of personal property—pa/rt performance — recovery may be had under common counts. Where, under a contract for the delivery of personal property, a party receives a portion of it, and appropriates the proceeds to his own use, a recovery for that portion so received and appropriated may be had under the common counts, although a recovery might not be had under special counts for a breach of the contract.</p>