Eureka Coal Co. v. Braidwood
Illinois Supreme Court
Appeal from the Circuit Court of Will county; the Hon. Josiah McEoberts, Judge, presiding. This was an action of covenant, by James Braidwood, James Eoe and James Eeuncie, against the Eureka Coal Company.
1Opinion of the CourtJustice Scott
delivered 'the opinion of the Court:
This action is in covenant, on an agreement under seal. Appellees undertook to sink a shaft, for the purposes of mining coal, at a point to be selected by the company. Among other things, appellant obligated itself to furnish certain machinery, and to do it at such times as would not hinder the progress of the work, using due diligence in that regard. The shaft Avas to be sunk below the strata of coal, and to be left in good condition for mining. A general performance of all the undertakings, on the part of appellees, is averred. Several breaches are then…
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