Weiger v. Gould

Citations

• 86 Ill. 180

Syllabus

<p>1. Sam—of grain, must be such as is represented. Where a party offering to sell represents that he has good white oats such as the puz'chaser is giving 40 cents a bushel for, he can not deliver oats not merchantable, but which are wet, dii'ty, and heating, and collect the price.</p> <p>2. Contract — as to price of grain sold. Where one party, claiming to have sold his oats to the other for 40 cents a bushel, delivers a couple of loads, when a discussion arises as to the price, the alleged purchaser denying that he had agreed to purchase at any price, and finally, after deliberation, it is agreed that the latter will take the oats delivered and a certain number of other loads at 28 cents a bushel, and the balance is delivered and paid for under the last arrangement, the seller will be concluded by the last contract, even if there was a prior one, and can not afterwards sue and recover for the difference between 28 and 40 cents a bushel.</p>