Minnesota Lumber Co. v. Whitebreast Coal Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of DeKalb county; the Hon. Henry B. Willis, Judge, presiding. This is an action of assumpsit brought by appellee against appellant. The declaration consists of the common counts only.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of DeKalb county; the Hon. Henry B. Willis, Judge, presiding. This is an action of assumpsit brought by appellee against appellant. The declaration consists of the common counts only. The bill of particulars is an account for coal aggregating $19,739.97 at the price per ton named in the contract hereinafter set forth, upon which amount are credited payments and freight credits aggregating' $10,485.61, leaving balance, claimed tobe due, of $9254.36. The pleas were the general issue,…
1Opinion of the CourtJustice Magruder
The first point discussed by counsel on both sides is whether the trial court erred in sustaining the demurrer to the second plea, which sets up the contract of August 4, 1886. It is insisted by appellee, that the demurrer to that plea was properly sustained upon the alleged ground, that the contract of August 4 was void for uncertainty and for want of mutuality.
After a careful consideration of the terms of the contract, we do not think that it can be regarded as void for the reasons stated.
It is said by counsel for appellee, that the amount or quantity of appellant’s “requirements” of…
2Cases cited8 opinions
- National Furnace Co. v. Keystone Manufacturing Co.Illinois Supreme Court · 1884
- Schneider v. TurnerIllinois Supreme Court · 1889
- Pearce v. FooteIllinois Supreme Court · 1885
- Tenney v. FooteIllinois Supreme Court · 1880
- Thrall v. NewellSupreme Court of Vermont · 1847
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3Cited by97 opinions
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- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Empire Gas Corporation v. American Bakeries CompanyCourt of Appeals for the Seventh Circuit · 1988
- Osgood v. SkinnerIllinois Supreme Court · 1904
- Crane v. C. Crane & Co.Court of Appeals for the Seventh Circuit · 1901
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