Frazer v. Frazer Lubricator Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. He key M. Shepard, Judge, presiding. In 1856 Samuel Frazer, one of the appellants, commenced at Galena, Illinois, the manufacture of an axle grease, in accordance with a method discovered by him for combining rosin oil, salsoda, palm oil and water. The rosin oils were distilled from rosin at some five different degrees of temperature, the variation in temperature producing a difference in the quality of the oil.
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Appeal from the Superior Court of Cook county; the Hon. He key M. Shepard, Judge, presiding. In 1856 Samuel Frazer, one of the appellants, commenced at Galena, Illinois, the manufacture of an axle grease, in accordance with a method discovered by him for combining rosin oil, salsoda, palm oil and water. The rosin oils were distilled from rosin at some five different degrees of temperature, the variation in temperature producing a difference in the quality of the oil. The process of distillation to produce from the rosin the different oils used in making the axle grease, was claimed by Frazer…
1Opinion of the CourtMoran, J.
The main points of dispute between the parties to this suit arise on the construction to be given to the agreement of February 7, 1870, set out in full in the statement of facts. Consideration of the circumstances under which the agreement was made and an analysis of it in the light of these circumstances will aid in arriving at its true construction.
Frazer, at the time of making the agreement, was disposing of his entire interest in the business of manufacturing axle grease, a business in which he and his partners had been engaged for many years under different firm names. The axle-grease…
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