Appellate Court of Illinois December 12, 1901 (Northern Milling Co. v. Mackey)

Mr. Presiding Justice Windes

delivered the opinion of the court.

The first claim of appellant’s counsel is that the declaration states no cause of action. We will only consider the second count of the amended declaration, since the two counts of that declaration on which the case was tried are quite similar, and if the second count is insufficient, the first is also.