Telluride Power Transmission Co. v. Crane Co.
Appellate Court of Illinois
Assumpsit.—Appeal from the Circuit Court of Cook County; the Hon. Henry B. Willis, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. August 31,1896, the Telluride Power Transmission Company made a contract with one T. B. Rhodes for the erection of a pipe line and flume.
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Assumpsit.—Appeal from the Circuit Court of Cook County; the Hon. Henry B. Willis, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. August 31,1896, the Telluride Power Transmission Company made a contract with one T. B. Rhodes for the erection of a pipe line and flume. Rhodes applied to the Crane Company for pipe therefor, and after various negotiations gave to it the following order: “ Salt Lake City, September 14, 1896. Crane Company, Chicago. Gentlemen : Please ship to Ophir, Colo., the following: 1,300 ft. 16 5 gauge flanged pipe asphalted. 516 “ 16" i gauge…
1Opinion of the CourtJustice Waterman
Appellants contend that the contract was partly oral and partly in writing and that whether it was a parol or written contract is a question of fact to be determined by a jury.
That the construction—meaning of the words employed to express a contract—is to be determined by the court, is undisputed. Where the execution, signing and delivery of written instruments is unquestioned, in the absence of accident, fraud or mistake, whether the written papers, one or more, constitute a contract, as also whether therein is expressed the entire agreement of the parties, is to be decided by the court.
The…
2Cases cited6 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Goddard v. FosterSupreme Court of the United States · 1873
- Roe v. TaylorIllinois Supreme Court · 1867
- Thomas v. BarnesMassachusetts Supreme Judicial Court · 1892
- Ruff v. JarrettIllinois Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Trustees of Schools v. SchroederAppellate Court of Illinois · 1971
- Victor Electric Co. v. MillerAppellate Court of Illinois · 1916