Plumb v. Taylor
Appellate Court of Illinois
In error to the Circuit Court of Cook County s the Hon. Richard S. Tuthill, Judge, presiding. Suit in assumpsit by defendants in error against plaintiff in error. The declaration consists of two special counts, and the common counts for goods sold, money lent, etc.
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In error to the Circuit Court of Cook County s the Hon. Richard S. Tuthill, Judge, presiding. Suit in assumpsit by defendants in error against plaintiff in error. The declaration consists of two special counts, and the common counts for goods sold, money lent, etc. The special counts allege that by the terms of a contract dated October 10, 1878, it was agreed, among other things, that plaintiffs, Abner Taylor, Thomas Snell, James T. Snell and James Aiken, partners under the firm name of Snell, Taylor & Co., and Henry H. Porter, should assign to Plumb 8700,000 in- shares of stock of tli£…
1Opinion of the CourtGabnett, J.
The agreement by appellees to assign the $700,000 of stock, and that by appellant to pay therefor $42,600, were mutual and dependent, and neither party, without a tender of performance, could demand performance of the other. There is nothing in the contract to indicate that either party understood it otherwise'. The courts are disposed] to favor that construction of contracts of this description! which makes the agreements dependent, and they are so con-J sidered, unless the contrary clearly appears. Bank of Columbia v. Hagner, 1 Pet. 465.
To main1 ain an action for the recovery of the…
2Cases cited2 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Lester v. . JewettNew York Court of Appeals · 1854
3Cited by4 opinions
- Shultz v. Miller-HamiltonAppellate Court of Illinois · 1914
- Illinois State Trust Co. v. WilliamsAppellate Court of Illinois · 1940
- Grays Harbor Commercial Co. v. Turnbull-Joice Lumber Co.Appellate Court of Illinois · 1911
- Henderson v. WheatonAppellate Court of Illinois · 1891