American Refrigerator Transit Co. v. Chilton
Appellate Court of Illinois
Assumpsit, on a contract in writing. Appeal from the Circuit Court of Pike County; the Hon. John J. Glenn, Judge, presiding.
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Assumpsit, on a contract in writing. Appeal from the Circuit Court of Pike County; the Hon. John J. Glenn, Judge, presiding. Heard in this court at the November term, 1900. Statement.—This suit was brought by appellee to recover damages from appellant for breach of the following contract: “ This agreement, made and entered into this 28th day of January, 1899, between C. H. Chilton, of Barry, Illinois, party of the first part, and the American Refrigerator Transit Company, of St. Louis, Mo., party of the second part, witnesseth: That the said party of the first part hereby agrees to sell to…
1Opinion of the Court
Mr. Presiding Justice Harker
delivered the opinion of the court.
The rights of the parties to this suit must be determined by the terms of the written contract entered into on the 28th day of January, 1899. We can not resort to extrinsic evidence for the purpose of reading into the contract what does not appear there. The language employed with reference to appellant’s undertaking is not of such doubtful character as to justify an inquiry into surrounding circumstanced and prior negotiations to discover the intention of the parties. The only obligation resting upon appellant was to pay appellee…
2Cases cited4 opinions
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
- National Furnace Co. v. Keystone Manufacturing Co.Illinois Supreme Court · 1884
- Savannah Ice Delivery Co. v. American Refrigerator Transit Co.Supreme Court of Georgia · 1900
3Cited by3 opinions
- Ward v. McKinleyOregon Supreme Court · 1920
- Allen B. Wrisley Co. v. Mathieson Alkali WorksAppellate Court of Illinois · 1903
- Gile v. Interstate Motor Car Co.North Dakota Supreme Court · 1914