Union Special Sewing Machine Co. v. Lockwood
Appellate Court of Illinois
Assumpsit.—Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlajn, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. This Avas a suit by appellee against appellant to recover a sum of money alleged to be due upon a contract entered into under the folloAving circumstances: Appellee, being the oAvner of some patented inventions relating to bag-turning machines, submitted to appellant a Avritten proposition dated December 8,…
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Assumpsit.—Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlajn, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. This Avas a suit by appellee against appellant to recover a sum of money alleged to be due upon a contract entered into under the folloAving circumstances: Appellee, being the oAvner of some patented inventions relating to bag-turning machines, submitted to appellant a Avritten proposition dated December 8, 1891, that it, appellant, should, as his agent, have authority to make or have made and to séll said machines and should…
1Opinion of the CourtJustice Stein
At the trial appellee introduced in evidence a letter written to him by appellant’s president a short time before the making of the contract, in which letter there is language to the effect that the proposed arrangement between the parties was not to be a permanent one, but temporary only. It is contended by appellant that this letter is a part of the contract and that therefore the agency had terminated long before the sale of the machine.
It is doubtless true, as a general rule, that where one of the terms agreed upon has not been incorporated into the written agreement and the latter…
2Cases cited5 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Memory v. NiepertIllinois Supreme Court · 1890
- Driver v. FordIllinois Supreme Court · 1878
- Schultz v. Plankinton BankAppellate Court of Illinois · 1891
- Baltimore & Ohio R. R. v. BrantAppellate Court of Illinois · 1885
3Cited by5 opinions
- First Commodity Traders, Inc. v. Heinold Commodities, Inc.District Court, N.D. Illinois · 1984
- Olson Construction Co. v. Commercial Building & Investment Co.Nebraska Supreme Court · 1934
- Ziehme v. McInerneyAppellate Court of Illinois · 1912
- Citizens Bank v. Adam Schillo Lumber Co.Appellate Court of Illinois · 1914
- Buyers Index Publishing Co. v. American Shoe Polish Co.Appellate Court of Illinois · 1912