Legal Opinion

Union League Club v. Blymyer Ice Machine Co.

Illinois Supreme Court

Decided October 26, 1903PublishedCited by 15 opinions

Writ op Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. A. K. Vickers, Judge, presiding.

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Writ op Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. A. K. Vickers, Judge, presiding. This is a suit, begun on October 14,1898, in the circuit court of Cook county by the defendant in error against the plaintiff in error upon a contract, made by the defendant in error with the plaintiff in error for the building and erection for the latter of one of the defendant in error’s latest improved compound compression refrigerating machines in the club house of plaintiff in error in Chicago. The plea, filed…

1Opinion of the CourtJustice Magruder

The refrigerating machine, which defendant in error agreed to erect for plaintiff in error in its club house, was installed about July 1,1895, and finally dismantled by the club on or about May 13, 1898. The evidence is clear and undisputed that the club continued to use the machine from the time it was so installed until about May 13, 1898, a period of nearly three years. At the latter date, a fire occurred in the club house, and, prior thereto, the club had resolved to have a larger machine than that of defendant in error, and had entered into negotiations for the purchase of such larger…

2Cases cited6 opinions

  1. Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
  2. Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
  3. Keeler v. CliffordIllinois Supreme Court · 1897
  4. Daggett & Graves v. JohnsonSupreme Court of Vermont · 1877
  5. Higgins v. ParkerIllinois Supreme Court · 1868

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3Cited by15 opinions

  1. Peter G. Kohler and Walter J. Kohler v. Leslie Hindman, Inc., an Illinois Corporation, and Richard M. ThuneCourt of Appeals for the Seventh Circuit · 1996
  2. Forman v. BensonAppellate Court of Illinois · 1983
  3. Bishop v. Bloomington Canning Co.Illinois Supreme Court · 1923
  4. Temby v. William Brunt Pottery Co.Illinois Supreme Court · 1907
  5. Millers Mutual Casualty Co. v. Insurance Exchange Building Corp.Appellate Court of Illinois · 1920

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