{
  "id": 2911445,
  "name": "David Stahl and Jacob Stahl, copartners, trading as Stahl Brothers, Appellants, v. Loeb, Cooney & Loeb, Incorporated, Appellee",
  "name_abbreviation": "Stahl v. Loeb, Cooney & Loeb, Inc.",
  "decision_date": "1917-12-24",
  "docket_number": "Gen. No. 23,474",
  "first_page": "245",
  "last_page": "246",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 245"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "David Stahl and Jacob Stahl, copartners, trading as Stahl Brothers, Appellants, v. Loeb, Cooney & Loeb, Incorporated, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dever\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Dever"
      }
    ],
    "attorneys": [
      "Stewart Beed Brown, for appellants.",
      "Edward H. Morris, for appellee."
    ],
    "corrections": "",
    "head_matter": "David Stahl and Jacob Stahl, copartners, trading as Stahl Brothers, Appellants, v. Loeb, Cooney & Loeb, Incorporated, Appellee.\nGen. No. 23,474. (Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding.\nHeard in this court at the October term, 1917.\nAffirmed.\nOpinion filed December 24, 1917.\nRehearing denied January 7, 1918.\nStatement of the Case.\nAction by David Stahl and Jacob Stahl, copartners, trading as Stahl Brothers, plaintiffs, against Loeb, Cooney & Loeb, incorporated, defendant, to recover $794.13 as damages for breach of a contract for the sale and delivery by plaintiffs to defendant of a carload of eggs. From a judgment for defendant, on a directed verdict at close of plaintiffs\u2019 evidence, plaintiffs appeal.\nAbstract of the Decision.\n1. Sales, \u00a7 19 \u2014when offer of sale or purchase may be withdrawn. An offer of sale or purchase of merchandise may be withdrawn at any time before the acceptance of the offer has been received by the offerer.\n2. Sales, \u00a7 19*\u2014when offer of purchase is timely withdrawn. Where defendant sent to plaintiffs a telegraphic offer for certain goods reading \u201cOffer seven ten your track immediate shipment to New York. Answer,\u201d which plaintiffs accepted by telegraph, but before receipt of plaintiffs\u2019 telegram defendant telegraphed its withdrawal of its offer,, held that the delivery of the withdrawal telegram to the telegraph company was a delivery to the plaintiffs and was in sufficient time to prevent the completion of the contract.\n3. Sales, \u00a7 340a*\u2014wfien evidence of sale of refused goods at destination by seller is inadmissible. In an action to recover damages for alleged breach of contract for the purchase by defendant of certain goods, evidence by plaintiffs that upon defendant\u2019s breach of the alleged contract plaintiffs instructed certain commission merchants at the destination of the shipment to sell the goods at once, that the goods were so sold, and that they netted a certain sum less than the offer made by defendant in the contract, held erroneously admitted, over objection, as evidence of plaintiffs\u2019 damage, as it failed to show that the goods were sold at the best obtainable price or that plaintiffs had used reasonable diligence to obtain such price.\n4. Evidence, \u00a7 221*\u2014inadmissibility of hearsay. Evidence as to amount of plaintiffs\u2019 damage held inadmissible on its face because based upon matters of pure hearsay.\nStewart Beed Brown, for appellants.\nEdward H. Morris, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0245-01",
  "first_page_order": 273,
  "last_page_order": 274
}