Legal Opinion

Peacock v. Iron & Steel Publishing Co.

Appellate Court of Illinois

Decided June 17, 1904No. Gen. No. 11,184Published

Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gaby, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1903.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

This is an action to recover installments alleged to be due u pon an advertising contract. Upon the conclusion of all the evidence the court gave a peremptory instruction directing the jury to find the issues for the plaintiff and assess the plaintiff’s damages at the sum of $255. Judgment was rendered accordingly, from which the defendant appeals.

The contract in controversy provided for payment of an agreed sum for an advertisement “until forbid and until ordered discontinued.” It was signed “E. P. Peacock, F. E. P.,” the…

2Cases cited3 opinions

  1. Miller v. McManisIllinois Supreme Court · 1870
  2. Stone v. SalisburyIllinois Supreme Court · 1904
  3. Phelps v. City of MattoonIllinois Supreme Court · 1898

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