DIEFENBACH v. GORNEY

Gen. No. 67-23.

93 Ill. App.2d 51 (1968)

234 N.E.2d 813

Clyde Diefenbach, Plaintiff-Appellee, v. Chester Gorney, Defendant-Appellant.

Appellate Court of Illinois — Third District.

March 7, 1968.


Attorney(s) appearing for the Case

Krusemark & Bertani, of Joliet, for appellant.

Fredrick E. Huber, of Kankakee, for appellee.


SCHEINEMAN, J.

The plaintiff was a tenant farmer closing out term. He held a sale at auction with terms announced as "Cash Before Removal." Defendant was the high bidder on approximately 2,500 bales of hay, at 41¢ each. After the gavel had fallen, defendant told plaintiff he had only $500 at that time. Plaintiff permitted defendant to remove $500 worth of bales. Some months later defendant returned to pick up the rest of the hay, only to find it was gone. Neither...

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