Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 51 (June Term, 1868, And June And September Terms, 1869)
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Charles Bhardsleb et al. Waleeb, J. : The facts in this case are In no respect essentially different from those in the preceding case. The same legal principles must, therefore, be applied to this, and we deem any further discussion of the questions unnecessary. The Judgment of the court below is reversed and the cause remanded. Judgment reversed. 1869.] Leonard v. Dunton et al. 483 Opiniou of the Court. 4. Warehousemen — non-payment of storage. Where grain is stored in a warehouse, to be kept ...for a short time without charge, and to be delivered to the owner when demanded, the neglect of the owner to pay storage after such time, or to offer to do so, will not defeat his action against the warehouseman for a breach of the contract of the latter to deliver the grain on demand. The most the warehouseman could claim would be a reasonable deduction for storage after having given notice that storage would be charged. Appeal from the Circuit Court of Boone county; the Hon. Theodore D. Murphy, Judge, presiding.
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