Underhill v. Gaff

Citations

• 48 Ill. 198

Syllabus

<p>1, Assumpsit—common counts—recovery under, Where a party sold to another a large amount of hay, delivered only a part, but received the money for the full amount» as he was fulfilling his part of the contract; and, after the time for the delivery, as understood by the parties, had expired, the purchaser made out and presented an account, showing the amount of the hay delivered, money advanced, and the balance coming to the purchaser for money over-advanced, and the seller admitted it to be correct: Sdd, that the purchaser could sue and recover such balance under the appropriate common counts in assumpsit.</p> <p>2. Account—balance—interest. In such a case, the parties having balanced the account, the purchaser is entitled to recover interest on the balance ascertained and admitted to be correct.</p>