Legal Opinion

Hercules Coal & Mining Co. v. Central Investment Co.

Appellate Court of Illinois

Decided November 26, 1901PublishedCited by 5 opinions

Assumpsit, for the breach of a contract to deliver coal. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

This was a suit in attachment to recover for coal sold by appellant to appellee. Service was had upon certain parties as garnishees, and a conditional judgment entered against them. This judgment was made final, but was subsequently set aside upon appellee depositing with the clerk of the court an amount sufficient to cover the claim of appellant. Appellee filed a plea of a general issue with notice of set-off, in which damages are claimed of appellant for breach of contract. The cause was submitted to the court, a jury having…

2Cases cited4 opinions

  1. National Furnace Co. v. Keystone Manufacturing Co.Illinois Supreme Court · 1884
  2. Mount Hope Cemetery Ass'n v. WeidenmannIllinois Supreme Court · 1891
  3. Hays v. Langley ex rel. BeairdAppellate Court of Illinois · 1900
  4. Gaynor v. HardingAppellate Court of Illinois · 1898

3Cited by5 opinions

  1. Semon Bache & Co. v. Coppes, Zook & Mutschler Co.Indiana Court of Appeals · 1905
  2. Bartlett Springs Co. v. Standard Box Co.California Court of Appeal · 1911
  3. Russell, Burdsall & Ward v. Excelsior Stove & Manufacturing Co.Appellate Court of Illinois · 1905
  4. Bauwens v. GoethalsAppellate Court of Illinois · 1914
  5. Corn Planter Refining Co. v. George R. Jenkins & Co.Appellate Court of Illinois · 1920

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