Jones & Dommersnas Co. v. Crary
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. W. M. McEwEN, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. W. M. McEwEN, Judge, presiding. This was a bill in equity filed by the Jones & Dommersnas Company against Hamilton Crary to declare a forfeiture of a license to manufacture and sell, under a patent, “fret or scroll saws,” upon the ground that the defendant had failed to make a sworn report to the complainant of the number of such saws sold by him, and the amount received therefor, during the quarter ending January I, 1904. The bill was subsequently…
1Opinion of the Court
Mr. Chill Justicl Hand
delivered the opinion of the court:
It is first contended that the contract between appellant and appellee being in writing and under seal, it could not be changed or any of its provisions waived by parol. The law is well settled in this State that an executory contract under seal cannot be modified or changed by an agreement not under seal. If, however, a sealed contract, as modified, has been executed, the rule above announced does not apply, and the contract, as executed, will not be disturbed. Snow v. Griesheimer, 220 Ill. 106.
It is next contended that Dommersnas, the…
2Cases cited4 opinions
- Snow v. GriesheimerIllinois Supreme Court · 1906
- Jewell v. Rock River Paper Co.Illinois Supreme Court · 1881
- Mitchell v. DeedsIllinois Supreme Court · 1867
- Voris v. RenshawIllinois Supreme Court · 1867
3Cited by10 opinions
- Levit v. BowersAppellate Court of Illinois · 1954
- Smith v. RoweWashington Supreme Court · 1940
- Western Cottage Piano & Organ Co. v. BurrowsAppellate Court of Illinois · 1908
- Brown v. Fire InsuranceAppellate Court of Illinois · 1934
- Marvin v. First Nat. Bank of Aurora, Ill.District Court, N.D. Illinois · 1935
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