Maltman v. Williamson

Citations

• 69 Ill. 423

Syllabus

<p>1. Interest—on sum due on cash sale. Where a sale is made of goods for cash, as, of a lot of apples at a given price per barrel, this not being an open running account, but a definite sum due at a specified time, interest is recoverable thereon in an action for the price.</p> <p>3. Burden of proof—to show warranty and, breach. In a suit to recover the price agreed to be paid for goods sold and delivered, if the defendant relies upon a warranty and breach, the burden of proof is upon him to show the warranty and breach, and he must show the same by a preponderance of testimony to make the defense availing.</p>