Des Moines N. & W. Ry. Co. v. Block-Pollak Iron Co.
Appellate Court of Illinois
Assumpsit.—Error to the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1899.
1Opinion of the CourtJustice Freeman
The only question presented for determination is whether, under the provisions of the contract between the parties, defendant in error was bound to receive and pay for 139 tons of scrap iron, which was shipped to it by plaintiff in error May 31, 1892, but did not reach its destination at Springfield until some time in June.
There is no material contention over the facts. The controversy arises over that clause of the contract which provides that in no event will the railway company (plaintiff in error) be compelled to ship said scrap iron “ until the months of April or May at their option,”…
2Cases cited8 opinions
- Street v. Chicago Wharfing & Storage Co.Illinois Supreme Court · 1895
- Vermont Street M. E. Church v. BroseIllinois Supreme Court · 1882
- Leavers v. ClearyIllinois Supreme Court · 1874
- Stafford & Brother v. Walter & SkeltonIllinois Supreme Court · 1873
- Brechwald v. PeopleAppellate Court of Illinois · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- American Insurance v. MeyersAppellate Court of Illinois · 1905