Daniels v. Osborn

71 Ill. 169 | Ill. | 1873

Per Curiam:

This was assumpsit, for goods sold and delivered. The general issue was pleaded. It appears, by the showing of the plaintiffs below, that the goods sold and in question were not to be paid for until the 9th day of October, 1872, yet this suit was commenced on the 11th day of July, 1872, before the credit expired. It was prematurely brought, and the judgment must be reversed and cause remanded.

Judgment reversed.