Chicago Edison Co. v. Huyett & Smith Manufacturing Co.

Mr. Presiding Justice Gary

dissenting.

It may be laid down as universally true that all contracts, not of record nor under seal, whether written or spoken, expressed or implied, are of the same dignity, and of equally binding force; and that every promise accepted, of which performance by the promisor requires the co-operation of the promisee, implies, by such acceptance, a promise of such co-operation.

To the first of the above propositions I cite 1 Ch. Cont. 5; to the second the authorities cited on page 239 in Morier v. Moran, 58 Ill. App. 235. And therefore if one contracts to put repairs or…