Chicago Wharfing & Storage Co. v. Street
Appellate Court of Illinois
Memorandum.—Bill to reform a contract. Error to the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding.
1Opinion of the CourtJustice Waterman
The only matter in dispute in this case is whether the defendants are bound to take and pay the appraised value of the planking, or may decline to take the planking at all. The intent of the parties is the thing at which courts endeavor to arrive in construing contracts. For this purpose the court will place itself in the shoes of the parties, that, viewing the subject-matter from their standpoint, it may read the contract in the light under which it was written. 2 Kent, 555; Boskowitz v. Baker, 74 Ill. 264; Doyle v. Teas, 4 Scam. 202-256; Walker v. Douglas, 70 Ill. 445-448.
The whole…
2Cases cited7 opinions
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
- Wells v. CarpenterIllinois Supreme Court · 1872
- Walker v. DouglasIllinois Supreme Court · 1873
- Leavers v. ClearyIllinois Supreme Court · 1874
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3Cited by3 opinions
- Spande v. Western Life Indemnity Co.Oregon Supreme Court · 1913
- Security Trust & Life Insurance v. EllsworthWisconsin Supreme Court · 1906
- Roberts v. American Bonding & Trust Co.Appellate Court of Illinois · 1899