Summers v. Hibbard, Spencer, Bartlett & Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. Summers Bros. & Co., appellants, were manufacturers of sheet-iron at Struthers, Ohio, and Hibbard, Spencer, Bartlett & Co., appellees, were jobbers in shelf hardware and light iron at Chicago.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. Summers Bros. & Co., appellants, were manufacturers of sheet-iron at Struthers, Ohio, and Hibbard, Spencer, Bartlett & Co., appellees, were jobbers in shelf hardware and light iron at Chicago. On March 1, 1889, appellees mailed to appellants a letter which was as follows : “Summers Bros. & Go., Strutliers, Ohio: “Gentlemen—We are thinking of buying 5000 to 10,000 bundles common sheet-iron, for delivery, in equal…
1Opinion of the CourtJustice Baker
^ It is insisted by appellants that the .words, “All sales subject to strikes and accidents,” printed at the top of their letter-heads, must be considered in determining what the contract was, and that said words constituted an express condition that became a part of the contract between them and appellees. We do not so understand the case. Under date of March 1, 1889, appellees invited appellants to make them an offer of sale of a specified quantity of sheet-iron, to be delivered in certain designated months. On March 4 appellants made them an offer, as requested. On March 9, in their letter…
2Cases cited4 opinions
- People ex rel. National Cigar Co. v. DulaneyIllinois Supreme Court · 1880
- American Express Co. v. PinckneyIllinois Supreme Court · 1862
- Steele v. BuckIllinois Supreme Court · 1871
- Follansbee v. AdamsIllinois Supreme Court · 1877
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- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Cutler Corp. v. LatshawSupreme Court of Pennsylvania · 1953
- Leonard v. Autocar Sales & Service Co.Illinois Supreme Court · 1945
- Des Moines Blue Ribbon Distributors, Inc. v. Drewrys Ltd. U. S. A.Supreme Court of Iowa · 1964
- Berg v. EricksonCourt of Appeals for the Eighth Circuit · 1916
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