Richards v. Lake Shore & Michigan Southern Railway Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Gwynn Garnett, Judge, presiding. The appeal in this case is from a decree of the court below sustaining a demurrer to a bill in chancery, and dismissing the bill at complainants’ costs for want of equity.
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Appeal from the Superior Court of Cook County; the Hon. Gwynn Garnett, Judge, presiding. The appeal in this case is from a decree of the court below sustaining a demurrer to a bill in chancery, and dismissing the bill at complainants’ costs for want of equity. The bill alleges that on the 2d day of January, 1884, Edward S. Richards, one of the complainants, entered into an agreement in writing with the Lake Shore & Michigan Southern Railway Company, tlie expressed object of which was to procure a cheaper method of transferring grain, mill feed and seeds from one car to another than was then…
1Opinion of the CourtBailey, J.
The bill in this case is filed purely and solely for the recovery of damages for breaches of a contract. Ho other relief is asked and no ground for any other relief is alleged, the subject-matter of the bill thus being wholly foreign to the jurisdiction of a court of chancery. The case, therefor, is purely one of legal as distinguished from equitable cognizance. To such a bill the court below has sustained a demurrer for want of equity, notwithstanding the stipulation of the defendant waiving the objection to the jurisdiction of the court on the ground that there is a remedy at law. The…
2Cases cited14 opinions
- Stout v. CookIllinois Supreme Court · 1866
- Bigelow v. AndressIllinois Supreme Court · 1863
- Kimball v. WalkerIllinois Supreme Court · 1863
- Magee v. MageeIllinois Supreme Court · 1869
- Gore v. KramerIllinois Supreme Court · 1886
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3Cited by3 opinions
- Shenehon v. Illinois Life InsuranceAppellate Court of Illinois · 1902
- South Park Commissioners v. PhillipsAppellate Court of Illinois · 1888
- Schack v. McKeyAppellate Court of Illinois · 1902