Illum Inc. v. American Machine & Foundry Co.

The plaintiff demands judgment for the sum of $96,386.64, the amount of an installment alleged to be due under an agreement between the parties, less deductions of $3,631.36.

The complaint sets forth that a contract was made between the plaintiff and the defendant by the terms of which it was provided that the defendant was to pay to the plaintiff $100,000 during the first year from and after October 18, 1927, the date of the contract. Performance of all the conditions of the said contract on its part to be performed is then alleged by plaintiff.

By the terms of the agreement, sole and…