Forster v. Brown Hoisting Machinery Co.
Illinois Supreme Court
Appear from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Richard E. Burke, Judge, presiding. Appellant, Charles F. Forster, filed his bill in the superior court of Cook county August 16, 1911, .against appellee, the Brown Hoisting Machinery Company. The bill was subsequently twice amended, and a demurrer to the second amended bill was sustained and the bill dismissed for want of equity.
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Appear from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Richard E. Burke, Judge, presiding. Appellant, Charles F. Forster, filed his bill in the superior court of Cook county August 16, 1911, .against appellee, the Brown Hoisting Machinery Company. The bill was subsequently twice amended, and a demurrer to the second amended bill was sustained and the bill dismissed for want of equity. On appeal to the Appellate Court for the First District the decree of the superior court was affirmed, and the case comes to this…
1Opinion of the CourtJustice Farmer
The demurrer admitted the facts well pleaded but not appellant’s conclusions nor his construction placed upon the contract and the correspondence made a part of the bill. That the parties did not understand the agreement alike is apparent from the correspondence between them, made part of the bill, which took place very soon after the agreement was signed. ' The agreement was not that appellant should obtain letters patent on an invention by him broadly covering the combination embraced in pig-iron handling and breaking machinery as then constructed and assign them to the hoisting company and…
2Cases cited7 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Pratt v. Paris Gas Light & Coke Co.Supreme Court of the United States · 1897
- Excelsior Wooden Pipe Co. v. Pacific Bridge Co.Supreme Court of the United States · 1902
- Albright v. TeasSupreme Court of the United States · 1883
- Morse v. SeiboldIllinois Supreme Court · 1893
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3Cited by12 opinions
- County of Cook v. BarrettAppellate Court of Illinois · 1975
- James v. FrantzIllinois Supreme Court · 1961
- L. A. Young Spring & Wire Corp. v. FallsMichigan Supreme Court · 1940
- Heath v. ZenkichAppellate Court of Illinois · 1982
- Mitzlaff v. Midland Lumber Co.Illinois Supreme Court · 1930
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