O. H. Jewell Filter Co. v. Kirk
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is an action in assumpsit, begun in the circuit court of Cook county by appellees, James S. Kirk and others, co-partners doing business as James S. Kirk & Co., soap manufacturers, against the O. H. Jewell Filter Company, a corporation, to recover certain payments made by appellees for a large filtering apparatus which had been constructed by appellant for them, the declaration alleging that the filter was…
1Opinion of the CourtJustice Wilkin
Counsel for appellant insist that when the contract is properly interpreted the filters were constructed in compliance with the guaranty, and therefore its interpretation becomes a question of law reviewable by this court. The construction insisted upon by them is, that the guaranty merely provided for the erection of filters, the province of which was not to render the water chemically pure, but to merely remove the suspended matter therefrom. On the other hand, appellees insisted below, and the cause was tried upon the theory, that the work of the filters did not conform to the…
2Cited by3 opinions
- Nelson v. Union Wire Rope Corp.Appellate Court of Illinois · 1963
- Duffin v. SeibringAppellate Court of Illinois · 1987
- Eagle Iron Works Co. v. Franklin County Collieries Co.Appellate Court of Illinois · 1913