Minnesota Lumber Co. v. Whitebreast Coal Co.
Appellate Court of Illinois
Memorandum.—Assumpsit. In the Circuit Court of De Kalb County; the Hon. Henry B. Willis, Judge, presiding. The pleadings are contained in the- statement of the case; trial by the court without a jury; finding and judgment for the plaintiff; appeal by defendant, Heard in this court at the May term, 1894,
1Opinion of the CourtJustice Harker
The action of the court in sustaining a demurrer to the special pleas of set-off ivas not erroneous. The alleged contract of August 4th set out in the first plea, is void for uncertainty. By it “Minnesota Lumber Company agrees to buy its requirements of anthracite coal for the season of 1886-1887, of the Whitebreast Coal Co., to be furnished as ordered.” What its requirements were to be is nowhere defined. The contract furnishes no data from which the coal company could approximate the probable demands which might be made on it; whether one ton or one hundred thousand tons can not be…
2Cases cited5 opinions
- Spring Co. v. KnowltonSupreme Court of the United States · 1881
- Schneider v. TurnerIllinois Supreme Court · 1889
- Holt v. GreenSupreme Court of Pennsylvania · 1873
- Mosher v. GriffinIllinois Supreme Court · 1869
- Thomas v. BradySupreme Court of Pennsylvania · 1848
3Cited by6 opinions
- Ohio Farmers' Insurance Co. v. TodinoOhio Supreme Court · 1924
- Wayman Investment Co. v. WessingerCalifornia Court of Appeal · 1910
- Moore v. RussellCalifornia Court of Appeal · 1931
- Ballin v. Fourteenth Street StoreNew York Supreme Court · 1907
- Van Vlissingen v. ManningAppellate Court of Illinois · 1902
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