McLean County Coal Co. v. City of Bloomington
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county;' the Hon. C. D. Myers, Judge, presiding.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McLean county;' the Hon. C. D. Myers, Judge, presiding. Appellant sued appellee in assumpsit to recover $1060.33, the contract price of coal sold and delivered during the month of March, 1906. The general issue was pleaded by appellee and notice given of a special defense, consisting of a set-off growing out of the failure of appellant to deliver coal promptly, as ordered, during the said month of March. On account of this failure to deliver said coal appellee purchased about 500…
1Opinion of the CourtJustice Carter
The stipulation of facts shows that from the date of the contract coal was delivered every month up to and including March, 190,6; that the amount delivered in February, 1906, was substantially a third again as much as was delivered in any other month and double the amount delivered during several of said previous months; that the amount delivered from March 1 to 24, 1906, inclusive, was nearly as great as any previous month, with the exception of February, and that there had been delivered under the contract, up to March 24, 1906, 6543 tons.
In construing a written contract the court will…
2Cases cited7 opinions
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Mittel v. KarlIllinois Supreme Court · 1890
- Field v. LeiterIllinois Supreme Court · 1886
- Sexton v. City of ChicagoIllinois Supreme Court · 1883
- Torrence v. SheddIllinois Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
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- Knowles Foundry & Machine Co. v. National Plate Glass Co.Appellate Court of Illinois · 1939
- Moore v. CoatesDistrict of Columbia Court of Appeals · 1944
- Gillett v. TeelIllinois Supreme Court · 1916
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