Blackmer v. Summit Coal & Mining Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. Silas Cook, Judge, presiding. This is an action of assumpsit brought by appellant to recover damages for breach of an alleged contract to furnish coal. The trial below was before a jury and resulted in a verdict and judgment for appellee.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. Silas Cook, Judge, presiding. This is an action of assumpsit brought by appellant to recover damages for breach of an alleged contract to furnish coal. The trial below was before a jury and resulted in a verdict and judgment for appellee. This judgment has been affirmed by the Appellate Court, and the present appeal is prosecuted from such judgment of affirmance. The contract sued on, which is set out in hcec verba in the first count of the declaration,…
1Opinion of the CourtJustice Hand
The judgment of the Appellate Court settled all questions of fact adversely to appellant.
The contract appointing Maddox agent for appellee did not authorize him to execute the contract of June 15, 1896, with appellant, and thereby bind appellee. By the terms of the contract Maddox is authorized to sell all coal mined by the appellee. He is given no power or authority to sell coal not already mined. His authority is limited to the sale of coal that is mined and consigned to him for sale. To enable him to do this the appellee agreed to fix up and maintain at its own expense an office in the…
2Cases cited1 opinion
- Peabody v. HoardIllinois Supreme Court · 1867
3Cited by6 opinions
- Rogers Grain Co. v. TantonAppellate Court of Illinois · 1907
- Siekmann v. StantonAppellate Court of Illinois · 1928
- Klimczak v. StateCourt of Claims of Illinois · 1939
- Sinclair Refining Co. v. W. J. Newman Co.Appellate Court of Illinois · 1922
- Young v. Harbor Point Club House Ass'nAppellate Court of Illinois · 1901
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