Bloomington Canning Co. v. Union Can Co.
Appellate Court of Illinois
Assumpsit, for alleged breach of a written contract. Appeal from the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Heard in this court at the November term, 1900. Statement.—Appellant sued appellee upon a written contract for failure to deliver tin cans according to the alleged terms thereof.
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Assumpsit, for alleged breach of a written contract. Appeal from the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Heard in this court at the November term, 1900. Statement.—Appellant sued appellee upon a written contract for failure to deliver tin cans according to the alleged terms thereof. The contract sued upon is dated at Hoopeston, Illinois, November 8, 1898, and is in the form of a letter signed by appellee and addressed to appellant, and accepted in writing by the latter. The body of the contract is as follows: “ We enter your order for the…
1Opinion of the Court
Mi?.. Justice Weight
delivered the opinion of the court.
Many points are argued against the plea, but in the view we take of the case it will be unnecessary to consider all of them. It is doubtless true the defendant could have the benefit in evidence, under the general issue, of all special facts necessary or proper to show the situation of the parties in aiding the court to ascertain and give effect to their intentions, by the contract executed by them, and inasmuch as we do not consider the contract ambiguous in its terms, much, if not all the special statements contained in the plea, would…
2Cited by3 opinions
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- Knowles Foundry & Machine Co. v. National Plate Glass Co.Appellate Court of Illinois · 1934
- Nelson v. City of DenverSupreme Court of Colorado · 1942