Devine v. Edwards

Citations

• 101 Ill. 138
• 1881 Ill. LEXIS 56

Syllabus

<p>1. Money paid—under mistake of fact, recoverable bach.* Where a person buying milk pays for the same, counting each can as containing eight gallons, supposing the cans to hold that much, when in fact they do not, he may set off the money paid by him for the shortage out of any sum he may. owe the seller, in a,suit for its price.</p> <p>2. Contract of sale—place of delivery. Where a contract for the sale and delivery of personalty, such as milk, expressly provides that it is to be shipped by the seller to the place of business of the purchaser, at the expense of the seller, the place of delivery is the business place of the purchaser, and any loss on the way must fall upon the seller.</p> <p>3. Interest—when recoverable on an account, in the absence of any agreement to pay. Under the statute, to entitle a party to recover interest upon an open account, there must be something more than mere delay in making payment after demand. The delay of payment must be both unreasonable and vexatious,ϯ </p>