Western Railway Equipment Co. v. Missouri Malleable Iron Co.
Appellate Court of Illinois
Assumpsit, on a written contract. Appeal from the City Court of East St. Louis; the Hon. Silas Cook, Judge, presiding. Heard in this court at the February term, 1900.
1Opinion of the Court
Mr. Presiding Justice Bigelow
delivered the opinion of the court.
The principal question presented for determination is, whether appellee is entitled to royalties or commissions on goods shipped on appellant’s orders after May 1, 1898, and for ninety days after Marshall left the employ of appellee, which was May 15, 1898.
The answer depends upon the effect to be given to the later contract, which by its terms was made to relate back and to speak from May 1, 1898.
A later contract may be substituted for and made to completely displace a former contract. Bishop on Contracts, Secs. 68, 174.
There…
2Cases cited1 opinion
- Stow v. RussellIllinois Supreme Court · 1864
3Cited by1 opinion
- Strauss v. Cohen Bros.Appellate Court of Illinois · 1912