Globe Brewing Co. v. American Malting Co.
Appellate Court of Illinois
Assumpsit. Appeal from the Municipal Court of Chicago; the Hon. McKenzie Clbland, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908.
1Opinion of the CourtJustice Smith
The correct solution of the controversy in this cause turns upon the question whether the defendant, appellee, waived the time fixed in the contract for ordering the malt by the plaintiff.
“A waiver is the intentional relinquishment of a known right, and there must be both knowledge of the existence of the right and an intention to relinquish it. Hoxie v. Ins. Co., 32 Conn., 40; Lewis v. Ins. Co., 44 Conn., 72; West v. Platt, 127 Mass., 372”. Perin v. Parker, 25 Ill. App. 465; affirmed in 126 Ill. 201. A waiver may be by such conduct as warrants an inference of the relinquishment of such…
2Cases cited12 opinions
- Hoxie v. Home InsuranceSupreme Court of Connecticut · 1864
- Peninsular Land Transportation & Manufacturing Co. v. Franklin Insurance Co.West Virginia Supreme Court · 1891
- Perin v. ParkerIllinois Supreme Court · 1888
- Lewis v. Phœnix Mutual Life InsuranceSupreme Court of Connecticut · 1876
- Baker v. Bishop Hill ColonyIllinois Supreme Court · 1867
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3Cited by5 opinions
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- Stevens v. Cliffs at Princeville AssociatesHawaii Supreme Court · 1984
- Hecht v. PowellAppellate Court of Illinois · 1926