Northwestern Iron & Metal Co. v. Hirsch
Appellate Court of Illinois
Assumpsit, for a breach of a contract of sale. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in this court at the October term, 1900. Statement.—This suit was brought by appellee to recover from appellant damages for breach of a contract of sale. The following letters were written by the parties and were offered in evidence.
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Assumpsit, for a breach of a contract of sale. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in this court at the October term, 1900. Statement.—This suit was brought by appellee to recover from appellant damages for breach of a contract of sale. The following letters were written by the parties and were offered in evidence. Letter from appellant to appellee: “ North-Western Iron & Metal Co. Chicago, Apr. 10th, 1899. L. K. Hirsch, Esq., Chicago, 111. Dear Sir: We enter sale to you (as per phone) 150 tons steel girder rail and switches, at $11.50…
1Opinion of the CourtJustice Sears
Treating the letter of appellee as insufficient to constitute an acceptance of all the terms of the proposal contained in appellant’s letter, and hence as not, when taken with appellant’s letter, making any contract, as the learned trial court evidently viewed it, we nevertheless regard the evidence as supporting the recovery. If the letter of appellee was in law a rejection of appellant’s proposal, by a different counter-proposal, yet the evidence shows beyond dispute that the appellant’s representatives accepted by parol this counter-proposal, and thereby a contract was made upon the terms…
2Cases cited3 opinions
- Summers v. Hibbard, Spencer, Bartlett & Co.Illinois Supreme Court · 1894
- Anglo-American Provision Co. v. PrentissIllinois Supreme Court · 1895
- Chicago & Alton Railroad v. HeinrichAppellate Court of Illinois · 1895
3Cited by3 opinions
- Hosiery Co. v. Cotton Mills.Supreme Court of North Carolina · 1906
- Packard Iron & Metal Co. v. H. P. Pearl & Co.Court of Appeals of Maryland · 1921
- Baringer v. Imperial Cotton Milling Co.Appellate Court of Illinois · 1911