Favar v. Riverview Park

The conclusion reached by the court necessitates a new trial of the cause; consequently the questions of fact involved rest for their solution with the jury before whom the cause may be next tried, or the judge of the County Court, if a trial by jury should be waived. We shall therefore only refer to such portions of the evidence as from its nature involve questions of law.

The basis of this action is the non-performance upon the part of appellant of its undertaking in the following writing;

'‘ Chicago, June 18, 1906.

The privilege for the season of 1906 is granted to Marguerite Favar of St.…