Smith v. Wilmington Coal Mining & Manufacturing Co.
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John GK Eogees, Judge, presiding. One Charles T. Smith, in his lifetime, had a contract with the Wilmington Coal Mining and Manufacturing Company that it would deliver to him three car loads of coal each week, from the 15th day of April, 1872, to the 15th day of October, 1872, at the rate and price of $3.75 per ton, and six car loads each week, from the 15th day of October to the 15th day of April, 1873, at the rate and…
Read the full summary
Appeal from the Circuit Court of Cook county; the Hon. John GK Eogees, Judge, presiding. One Charles T. Smith, in his lifetime, had a contract with the Wilmington Coal Mining and Manufacturing Company that it would deliver to him three car loads of coal each week, from the 15th day of April, 1872, to the 15th day of October, 1872, at the rate and price of $3.75 per ton, and six car loads each week, from the 15th day of October to the 15th day of April, 1873, at the rate and price of $4 per ton. It was proven the company entered upon the performance of the contract, and delivered all the coal…
1Opinion of the CourtJustice Scott
On the trial the court held the law to be, and so instructed the jury, it must appear affirmatively, from the evidence, that plaintiff had been directed and authorized by the county court of the county in which administration was had, to carry out and perform the contract made with decedent, before any recovery could be had, unless there had been a breach in his lifetime; and on the latter branch of the case, the court instructed that Smith died on the 11th day of October, 1872, and there had been no breach of the contract before that time on the part of the defendant. The charge of the court…
2Cited by7 opinions
- Smith v. Estate of PrestonIllinois Supreme Court · 1897
- In Re Estate of BajonskiAppellate Court of Illinois · 1984
- Kadish v. LyonIllinois Supreme Court · 1907
- United States Rubber Co. v. PetermanAppellate Court of Illinois · 1905
- Jessup v. JessupIllinois Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.