Kimbark v. Illinois Car & Equipment Co.
Appellate Court of Illinois
Trespass on the Case, upon promises. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson. Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. Statement.—This is an action by the Illinois Car & Equipment Company, dealers in iron, for merchandise sold and delivered to appellant, to the amount of $2,636.79. A plea of the general issue,withdrawn before the trial, and pleas of set-off, were filed.
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Trespass on the Case, upon promises. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson. Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. Statement.—This is an action by the Illinois Car & Equipment Company, dealers in iron, for merchandise sold and delivered to appellant, to the amount of $2,636.79. A plea of the general issue,withdrawn before the trial, and pleas of set-off, were filed. The pleas of set-off set up an alleged contract between appellee and appellant as follows : “ Chicago, May 22, 1899. Mb. S. D. Kimbark, Michigan Avenue,…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
It is first insisted by appellant’s attorney that the writing consisting of appellee’s written proposition of May 22, 1899, and appellant’s modified acceptance thereof, constituted a contract binding upon the parties. This appellee denies. Appellant’s acceptance was coupled with a modification whereby he sought to obtain thirty days additional time, from May 30th to June 30th, in which to specify for half of the 300 tons of iron; and this condition offered a new and counter proposition, which, in order to constitute a contract,…
2Cases cited7 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Summers v. Hibbard, Spencer, Bartlett & Co.Illinois Supreme Court · 1894
- Kadish v. YoungIllinois Supreme Court · 1883
- Harber Bros. v. Moffat Cycle Co.Illinois Supreme Court · 1894
- John A. Roebling's Sons' Co. v. Lock Stitch Fence Co.Illinois Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tacoma & Eastern Lumber Co. v. Field & Co.Washington Supreme Court · 1918
- Pennsylvania Trust Co. v. GhriestSuperior Court of Pennsylvania · 1925
- Korch ex rel. Doody v. Indemnity Insurance Co. of North AmericaAppellate Court of Illinois · 1946
- Wyckoff v. JarrellSuperior Court of Delaware · 1934