Andrews v. Himrod
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. John P. Altgeld, Judge, presiding. On February 25, 1887, Daliba, Hussey & Co., iron brokers, of Cleveland, Ohio, made a written contract with Andrews & Hitchcock, appellants, iron manufacturers of Youngstown, to the effect (so far as this controversy is concerned) that Daliba, Hussey & Co., as sales agents for mine owners, had agreed to sell to Andrews & Hitchcock certain ores during the season of 1887, and that Andrews…
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Appeal from the Superior Court of Cook County; the Hon. John P. Altgeld, Judge, presiding. On February 25, 1887, Daliba, Hussey & Co., iron brokers, of Cleveland, Ohio, made a written contract with Andrews & Hitchcock, appellants, iron manufacturers of Youngstown, to the effect (so far as this controversy is concerned) that Daliba, Hussey & Co., as sales agents for mine owners, had agreed to sell to Andrews & Hitchcock certain ores during the season of 1887, and that Andrews & Hitchcock were to make all of said ore into Bessemer pig iron, and give Daliba, Hussey & Co. the exclusive sale…
1Opinion of the CourtGarnett, J.
The suit was in attachment, the affidavit which was made by one of the appellees as a basis for the suit stating that defendants were indebted to plaintiffs for commissions as brokers in the sale of the iron. Appellees tacitly concede that the action was commenced on a wrong theory and that the recovery, if any, must be for damages occasioned by defendants’ breach of contract. The declaration first filed consisted of the common counts only. A special count was afterward filed by leave of court, setting up that the purchase by plaintiffs was at $22.25 per ton and the sale by them to the Steel…
2Cases cited1 opinion
- Thorne v. McVeaghIllinois Supreme Court · 1874
3Cited by2 opinions
- Fletcher Bros. v. NelsonNorth Dakota Supreme Court · 1896
- Lorborbaum v. LeviyAppellate Court of Illinois · 1923