Preston v. Smith
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. John Barton Payne, Judge, presiding. . This was an action of assumpsit, brought by appellee, against appellant, in the Superior Court of Cook county. The declaration contained the common counts, plea and general issue.
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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. John Barton Payne, Judge, presiding. . This was an action of assumpsit, brought by appellee, against appellant, in the Superior Court of Cook county. The declaration contained the common counts, plea and general issue. The case was submitted to the court for trial without a jury, and judgment was entered against the defendant for $900. This judgment was affirmed by the Appellate Court. An appeal was granted to this court on a certificate of importance. The…
1Opinion of the CourtJustice Craig
It is contended by counsel for appellant that the only reasonable construction of the contract is, if the royalties paid C. L. Smith shall not reach $450 per annum, then the agreement can be canceled by him and a new one made which will be satisfactory to him. Appellant further contends, that if the contract means that he is absolutely bound to pay the plaintiff $450 per annum irrespective of the amount of royalties, and that in case the royalties do not amount to $450 per annum the plaintiff has the option to cancel the contract, then the contract is void, under section 130, chapter 38, of…
2Cases cited1 opinion
- Linington v. StrongIllinois Supreme Court · 1878
3Cited by10 opinions
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Smith v. Estate of PrestonIllinois Supreme Court · 1897
- Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944
- Hamilton v. Park & McKay Co.Michigan Supreme Court · 1897
- Miller v. O. B. McClintock Co.Supreme Court of Minnesota · 1941
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