William W. Brauer Steamship Co. v. Plano Manufacturing Co.
Appellate Court of Illinois
Assumpsit. Appeal from the Superior Court of Cook county; the Hon. Axel Chytratts, Judge, presiding. Statement by the Court. ' This is a suit for alleged breach of a contract expressed in letters which are as follows: “Brauer Line. Philadelphia. Hamburg. Chicago, Ill., Nov. 23rd, 1901. J. B. K. No. 107. The Plano Mfg. Co., 1110 Chamber of Commerce Bldg., Chicago, Ill.
Read the full summary
Assumpsit. Appeal from the Superior Court of Cook county; the Hon. Axel Chytratts, Judge, presiding. Statement by the Court. ' This is a suit for alleged breach of a contract expressed in letters which are as follows: “Brauer Line. Philadelphia. Hamburg. Chicago, Ill., Nov. 23rd, 1901. J. B. K. No. 107. The Plano Mfg. Co., 1110 Chamber of Commerce Bldg., Chicago, Ill. Dear Sirs: We beg to confirm engagement with you this day for your entire season’s shipments of Agricultural Implements for 1902 at the ocean rate of five and one-half (5y2) cents per cubic foot from Philadelphia to Hamburg,…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
The ground upon which the instruction directing a verdict for the defendant was given at the close of the plaintiff’s evidence appears to have been that the plaintiff failed to prove the existence of a binding contract. Whether or not the letters in evidence constitute such a contract is the main question presented on this appeal.
It is contended in behalf of defendant that these letters “contain no words of promise,” that the alleged contract is void for want of mutuality, that where the promise of one party is the consideration…
2Cases cited9 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Vogel v. PekocIllinois Supreme Court · 1895
- Street v. Chicago Wharfing & Storage Co.Illinois Supreme Court · 1895
- American Cotton Oil Co. v. KirkCourt of Appeals for the Seventh Circuit · 1895
- Consolidated Coal Co. v. SchneiderIllinois Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.