White Brass Castings Co. v. Union Metal Manufacturing Co.
Appellate Court of Illinois
Bill for injunction, etc. Appeal from the Superior Court of Cook county; the Hon. Willard M. McEwen, Judge, presiding. Statement by the Court. This is an appeal from a decree of the Superior Court dismissing the bill of appellant for want of equity.
Read the full summary
Bill for injunction, etc. Appeal from the Superior Court of Cook county; the Hon. Willard M. McEwen, Judge, presiding. Statement by the Court. This is an appeal from a decree of the Superior Court dismissing the bill of appellant for want of equity. The bill of complaint as amended sets forth that in 1903 the Union Metal Manufacturing Company was engaged in the business of casting metal (hard and soft); that it was financially embarrassed; that John West was its president and Edwin McNeal its secretary; that these two officers, by themselves, and one William A. Winterburn—their agent and…
1Opinion of the CourtJustice Smith
No offer to return anything received under the contract is made in the bill. ' It is conceded by counsel for appellant in argument that no offer or tender to return or restore had been made in fact by complainant, but it is claimed that complainant’s (appellant’s) right to relief could be in no way prejudiced by its failure or inability to restore the statu quo, for the reason that the two agreements, namely: the agreement relating to the patents and the shares of stock and the agreement relating to the purchase of the machines, molds, metals and tangible property, were separate and…
2Cases cited10 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Norrington v. WrightSupreme Court of the United States · 1885
- Keeler v. CliffordIllinois Supreme Court · 1897
- Greenwood v. FennIllinois Supreme Court · 1891
- Harzfeld v. ConverseIllinois Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Illinois State Bar Ass'n Mutual Insurance v. Coregis InsuranceAppellate Court of Illinois · 2004
- Stanmeyer v. DavisAppellate Court of Illinois · 1944
- Keeshin v. LevinAppellate Court of Illinois · 1975
- Midland Credit Adjustment Co. v. DonnelleyAppellate Court of Illinois · 1920
- People Ex Rel. Spitzer v. COUNTY OF LA SALLEAppellate Court of Illinois · 1959
1 more not listed; retrieve them via the Exa API.