Christy v. Stafford

Citations

• 123 Ill. 463
• 14 N.E. 680

Syllabus

<p>1. Pleading—of the declaration—in an action by vendor against purchaser for refusing to accept and pay for goods sold. A declaration by a vendor of goods sold, against the party agreeing to take the same between the date of the contract and another date given, set out the terms of the contract in the usual form, and averred as a breach, that “although the plaintiff, at and within the time specified, as aforesaid, for the delivery of said goods, to-wit, between, etc., was ready and willing, and offered, to deliver the said goods to the defendants, and then and there requested them to accept the same and pay for them as aforesaid, yet the defendants would not, nor would then, nor at any time before or afterward, accept the said goods, or any part thereof, from the plaintiff, or pay him for the same, as aforesaid, but refused to do so,” etc.: Held, that the facts alleged in the declaration showed a good cause of action.</p> <p>2. Matter of record—as to opinion of Appellate Com-t—reversing upon unsound reasoning. On appeal from the Appellate Court, the opinion of that court is no part of the record this court is called on to review; and this court can not reverse its judgment merely because some of the reasons assigned for its rendition might be thought to be unsormd. Error in the judgment itself must be made to appear from the record, to justify a reversal.</p> <p>3. Practice—mode of preserving questions of law on a irial by the court without a jury. A party trying a cause before a court, without a jury, should submit formal propositions of law to be held by the court, and its rulings upon them, if excepted to and incorporated in the bill of exceptions, will thereby be made a matter of record, upon which the Appellate Court, as well as this court, must pass judgment.</p>