Legal Opinion

Merchants Building Improvement Co. v. Chicago Exchange Building Co.

Illinois Supreme Court

Decided April 20, 1904PublishedCited by 17 opinions

Writ op Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding.

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Writ op Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. This is an action of assumpsit growing out of a certain contract entered into in the latter part of the year 1892, wherein negotiations were pending between parties variously interested in relation to the erection of an office building at the south-west corner of LaSalle and Washington streets, in Chicago. It appears that Ferdinand W., Clarence I., Walter L. and Anna Peck were the. owners of one hundred feet…

1Opinion of the CourtJustice Ricks

At the close of plaintiff’s evidence, and at the close of all the evidence, the defendant (plaintiff in error) asked a peremptory instruction to find for the defendant, and the first question presented is whether there is evidence tending to support the material allegations in plaintiff’s declaration. Plaintiff in error contends that the peremptory instruction should have been given upon numerous grounds, which will be examined in the order they are presented.

It is said the subscription agreement was limited and restricted by the receipt given by Clarence I. Peck at the time of the delivery…

2Cases cited2 opinions

  1. Cross v. Pinckneyville Mill Co.Illinois Supreme Court · 1855
  2. Holbrook v. DeboIllinois Supreme Court · 1881

3Cited by17 opinions

  1. Lawrence Mitchell and Algerie Mitchell v. Archibald & Kendall, Inc.Court of Appeals for the Seventh Circuit · 1978
  2. London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
  3. People ex rel. Healy v. SheddIllinois Supreme Court · 1909
  4. Corning Glass Works v. LucasCourt of Appeals for the D.C. Circuit · 1929
  5. Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924

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