Legal Opinion

McCormick v. Seeberger

Appellate Court of Illinois

Decided January 6, 1898PublishedCited by 2 opinions

Assumpsit, for rent. Appeal from the Superior Court of Cook County, the Hon. John Barton Payne, Judge, presiding.

1Opinion of the CourtJustice Sears

Hpon the stipulated facts appellant contends that he is entitled to recover because it appears that appellees, claiming to be agents of a corporation and to have authority, made a contract with him in the name of the corporation, which contract they had no power to make, and therefore the contract being void as to their principal, appellees became liable by reason of having made it.

They who assume to contract in the name óf a corporation, without power so to do, whether such lack of power be due'to the fact that there is no such corporation in existence in contemplation of law, or to lack of…

2Cases cited17 opinions

  1. Loverin v. McLaughlinIllinois Supreme Court · 1896
  2. Bigelow v. GregoryIllinois Supreme Court · 1874
  3. New York Iron Mine v. First National BankMichigan Supreme Court · 1878
  4. Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
  5. Ogden v. RaymondSupreme Court of Connecticut · 1852

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3Cited by2 opinions

  1. Everett v. John Sexton & Co.Appellate Court of Illinois · 1935
  2. Walker v. KesnerAppellate Court of Illinois · 1899

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