Lenz v. Harrison

Citations

• 148 Ill. 598
• 36 N.E. 567

Syllabus

<p>1. Bailment or sale—goods consigned to agent to sell. A manufacturer appointed H. as his agent to sell his wagons, and H. accepted the agency, and agreed to pay all freight and other charges and expenses, and not to sell on credit to any one except of undoubted solvency, the notes taken to be made payable to the principal in twelve months, and bearing seven per cent interest. H. was to indorse all notes, guaranteeing their prompt payment, and to transmit promptly all cash received and notes taken. For all wagons not so,ld within a year he was to give his note, on four months’ time. H. was to have all the proceeds of sales above the invoice price, in full for his commissions: Held, that the transaction constituted a bailment, and not a mortgage or conditional sale, and that the wagons consigned under the contract were not liable to levy and sale on execution against H.</p> <p>2. Appeals and writs op error—finding of facts by Appellate Court is final and conclusive on this court. Under section 88 of the Practice act, where the Appellate Court finds the facts different from the circuit court, and incorporates in and recites the facts as found, in its final judgment, the judgment of the Appellate Court is final and conclusive as to all matters of fact in controversy.</p>