Donk Bros. Coal & Coke Co. v. Stroetter
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. Appellee recovered a judgment against appellant in the circuit court of St. Clair county in an action of assumpsit on the common counts, which has been affirmed by the Appellate Court, and the defendant prosecutes a further appeal to this court.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. Appellee recovered a judgment against appellant in the circuit court of St. Clair county in an action of assumpsit on the common counts, which has been affirmed by the Appellate Court, and the defendant prosecutes a further appeal to this court. The appellant was engaged in mining coal, and the suit was for services in securing for appellant options for the purchase of coal lands, and other services and expenses. A bill…
1Opinion of the CourtJustice Dunn
The appellee gave testimony tending to show a contract to secure the options for the 2319.80 acres at a price for his services to be fixed by appellee. He also testified to another conversation with the president of appellant tending to show an agreement to pay him $5 per acre. The appellant’s evidence tended to show an agreement for fifty cents per acre. These conversations were between appellee and E. C. Donk, the president of appellant. Their accounts of the conversations differed very materially and anything affecting the credibility of either was important, for the jury were compelled to…
2Cases cited1 opinion
- Illinois Steel Co. v. NovakIllinois Supreme Court · 1900
3Cited by6 opinions
- Browder v. BeckmanAppellate Court of Illinois · 1934
- Fish v. BloodworthSupreme Court of Oklahoma · 1912
- Hough v. Kaskaskia Live Stock InsuranceAppellate Court of Illinois · 1923
- Oakes v. BakerCalifornia Court of Appeal · 1948
- Kirman v. HutchinsonAppellate Court of Illinois · 1929
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