{
  "id": 5387023,
  "name": "William K. Noble, trading as Wayne Hoop Company, Appellee, v. Charles A. Watson et al., trading as C. A. Watson & Company, Appellants",
  "name_abbreviation": "Noble v. Watson",
  "decision_date": "1914-10-06",
  "docket_number": "Gen. No. 19,749",
  "first_page": "451",
  "last_page": "454",
  "citations": [
    {
      "type": "official",
      "cite": "188 Ill. App. 451"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 388,
    "char_count": 5530,
    "ocr_confidence": 0.554,
    "sha256": "d1718a22a8acd0574331df5864dc4ab1abc279aa8dcc54359e48c13a847d9648",
    "simhash": "1:2a6e433619c41a96",
    "word_count": 970
  },
  "last_updated": "2023-07-14T18:17:45.032867+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William K. Noble, trading as Wayne Hoop Company, Appellee, v. Charles A. Watson et al., trading as C. A. Watson & Company, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Hoyne, O\u2019Connor & Irwin, for appellants; Carl J. Appell, of counsel.",
      "Musgrave, Oppenheim & Lee, for appellee."
    ],
    "corrections": "",
    "head_matter": "William K. Noble, trading as Wayne Hoop Company, Appellee, v. Charles A. Watson et al., trading as C. A. Watson & Company, Appellants.\nGen. No. 19,749.\n(Not to he reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Habry Olson, Judge presiding. Heard in the Branch Appellate Court at the October term, 1913.\nReversed and remanded.\nOpinion filed October 6, 1914.\nStatement of the Case.\nAction by William K. Noble, trading as Wayne Hoop Company against Charles A. Watson, Reginald A. Watson and Harold B. Watson, copartners, trading as C. A. Watson and Company to recover the purchase price of a carload of hoops shipped by plaintiff from Fort Wayne, Indiana, to the defendants at Savannah, Missouri. Defendants did not deny liability for the hoops, but filed a set-off for damages in delaying delivery. By agreement the claim of plaintiff was adjusted and the case heard on defendants\u2019 claim of set-off as If on an independent action therefor. At the close of the case the court, on motion therefor, directed a verdict for plaintiff. To reverse the judgment entered on the verdict, defendant appeals.\nThe contention of appellants was that there was evidence tending to show a complete oral agreement between the parties and damages for a breach thereof, and appellee\u2019s contention was that the oral agreement was merged in a subsequent written agreement, as to which there was no proof of damages.\nThe record shows that Reginald A. Watson, one of the appellants, testified that the dealings began by conversations over the telephone with one Milliken, appellee\u2019s agent, about August 25,1910; that in a conversation on August 31st the latter expressly promised and agreed to have a car containing 60,000 hoops rolling by September 2nd and delivered at Savannah, Mo., by September 5,1910, without fail, at the price of $10.25 per thousand, and that thereupon Watson said: \u201cYou can take the order and I will wire you tomorrow so that you will have something to show for this order.\u201d Accordingly, the next morning he sent appellee the following telegram: \u2018 \u2018 Ship Savannah, Mo., car to be rolling night of September second sixty thousand number one elm hoops six feet.\nO. A. Watson & Co.\u201d\nand wrote appellee a letter saying:\n\u201cThis confirms our wire this date instructing you to load car 60,000 No. 1 elm hoops 6 ft., to be billed to ourselves Savannah, Mo. Car to be loaded and rolling Friday night, Sept. 2, 1910. Price to be as per your quotation $10.25 per M. F. O. B. above destination, terms to be 30 days net. We may want part of this car at Amazonia with a stop off at Savannah to partly unload. Then if we wish all car to Savannah can unload same there. Kindly forward B. L. to us promptly so that we can trace to destination and you also trace as we are waiting for stock and if same is satisfactory you will hear from us with further business. In haste,\nC. A. W. & Co., B. A. Watson.\u201d\nA letter of same date, answering said telegram and signed \u201cWayne Hoop Co.,\u201d was as follows:\n\u201cIn line with your telegram of even date we enter your order for carload of 60,000 -6-0,/ hoops to be shipped Savannah, Mo., which we will let go forward either Saturday or Monday. If we can get them out tomorrow, will certainly do so, but hardly think our mill will be able to get them out.\nAfter the car leaves our mill, we will have it followed with a wire tracer, and have it rushed through to you without further delay.\u201d\nOn September 2nd, appellee replied to appellants\u2019 letter as follows:\n\u201cWe have your favor confirming your telegram of even date. We wrote you yesterday, acknowledging receipt of your order, which we wired you we could get on the way either Saturday or Monday of next week. We note you want us to bill this shipment to you at Amazonia, Mo., with a stop-off at Savannah, and have taken this matter up with our mill to do this. It. is a little doubtful whether they will allow us to do this, as the western railroads as a rule do not allow stop offs.\nOur traffic manager has not rate to Amazonia, Mo., and we presume it takes St. Joseph rate of freight. If not, we will expect you to stand all over this.\nYours truly,\nWayne Hoop Co.\u201d\nAbstract of the Decision.\nSales, \u00a7 373 \u2014when evidence of oral contract as to time of delivery sufficient to go to jury. In an action for the purchase price of a carload of hoops, where the case was tried on the buyers\u2019 claim of set-off for delay in delivery of the shipment, held that the evidence tended to show a complete oral contract made by telephone with plaintiff\u2019s manager to deliver the car to the defendants by a certain date, to show that defendants\u2019 subsequent telegram and letter were intended to confirm the oral agreement rather than to constitute an abrogation of it, and to furnish a basis for the computation of damages; and held that it was therefore a question for the jury whether there was such an oral agreement, and that the court erred in directing a verdict for the plaintiff.\nAfter receiving the two letters from appellee, appellants wired on September 5th:\n\"Just arrived Chicago. Note letter second. Is car rolling? Send number and routing,\u201d and on September 8th: \"Why don\u2019t you give us car number routing car hoops. Must have car at once to prevent serious damage. \u2019 \u2019\nHoyne, O\u2019Connor & Irwin, for appellants; Carl J. Appell, of counsel.\nMusgrave, Oppenheim & Lee, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0451-01",
  "first_page_order": 471,
  "last_page_order": 474
}