Legal Opinion

Higbie v. Rust

Appellate Court of Illinois

Decided February 13, 1904No. Gen. No. 10,916PublishedCited by 5 opinions

Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Heard in the Branch Appellate Court at the .October term, 1902.

1Opinion of the CourtJustice Stein

It is not disputed that appellant owed appellee the §360, for which the latter recovered judgment, and the only question is whether the trial court erred in holding tin t. there was no contract between the parties excepting for the September orders.

Appellant’s position is that appellee’s letter of August 7 in connection with the previous interview between them, was a continuing offer subject to revocation at any time, but while unrevoked was converted into a distinct contract by each order of goods from time to time. Looking at the testimony in the most favorable view for appellant, it cannot…

2Cases cited6 opinions

  1. National Furnace Co. v. Keystone Manufacturing Co.Illinois Supreme Court · 1884
  2. Hoffman v. MaffioliWisconsin Supreme Court · 1899
  3. De Forrest v. OderIllinois Supreme Court · 1867
  4. Clause v. Bullock Printing Press Co.Illinois Supreme Court · 1886
  5. Drake v. VorseSupreme Court of Iowa · 1879

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hope v. National AirlinesDistrict Court of Appeal of Florida · 1957
  2. John Meadows v. Radio Industries, Inc.Court of Appeals for the Seventh Circuit · 1955
  3. Philip L. Zuckerman, D/B/A Atlantic Motor Products Co. v. Berg Manufacturing and Sales Company, a CorporationCourt of Appeals for the Seventh Circuit · 1960
  4. McWilliams v. LavellAppellate Court of Illinois · 1912
  5. Fortune Bros. Brewing Co. v. ShieldsAppellate Court of Illinois · 1907

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