Linington v. Strong
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon; Joseph E. Gary, Judge, presiding. Strong and Young, the appellees, sued Linington, the appellant, in assumpsit. A nolle prosequi was entered as to all the counts of the declaration, except the first. A demurrer to this first count was overruled, and appellant stood by his demurrer. The court assessed the damages at $300, and rendered final judgment therefor.
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Appeal from the Superior Court of Cook county; the Hon; Joseph E. Gary, Judge, presiding. Strong and Young, the appellees, sued Linington, the appellant, in assumpsit. A nolle prosequi was entered as to all the counts of the declaration, except the first. A demurrer to this first count was overruled, and appellant stood by his demurrer. The court assessed the damages at $300, and rendered final judgment therefor. The first count is based on and sets forth a written contract in these words and figures, to-wit: “ This agreement, made this first day of April, A. D. 1876, between George H. Strong…
1Opinion of the CourtJustice Baker
The only point made in this case is as to the proper construction to be given to the contract set out in hcec verba in the first count of the declaration. By said contract, appellant not only agreed to pay a royalty of $1.44 for each and every gross of the pinchers made and sold by him during the period of five years, but also agreed to pay that royalty on at least twenty-five hundred dozen of said pinchers each year during said term, the payments to be made quarterly, at the end of each and every quarter. By the express terms of the agreement, appellant was to pay, at all* events, the…
2Cited by4 opinions
- Preston v. SmithIllinois Supreme Court · 1895
- Bezer v. Hall Signal Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Thys v. RivardWashington Supreme Court · 1946
- Moon ex rel. Heddon v. RobertsAppellate Court of Illinois · 1914