Tilden v. Rosenthal

Citations

• 41 Ill. 385

Syllabus

<p>1. CONTRACT to deliver a specific number of caüle, “ more or less.” Where a party contracts to deliver a specific lot of cattle, containing two hundred and sixty-two head, “ more or less,” to average a certain specified weight, it is not a sufficient performance to tender to the purchaser one hundred and seventy-eight head averaging that weight.</p> <p>3. The words “ more or less ” in such contract, are used to cover such trifling deficiencies in number, as might be caused by the ordinary casualties of death or loss; subject to this modification, it was a sale of a specific lot of two hundred and sixty-two cattle, which the vendor warranted should average a certain weight.</p>