Bolton v. Huling
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. E. F. Dunne, Judge, presiding. This is an action in assumpsit, brought by Edward C. Huling and Walter E. Huling, co-partners as E. C. Huling & Co., against James Bolton, to recover damages for the breach of a contract for the sale of certain lots on Indiana avenue, in the city of Chicago.
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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. E. F. Dunne, Judge, presiding. This is an action in assumpsit, brought by Edward C. Huling and Walter E. Huling, co-partners as E. C. Huling & Co., against James Bolton, to recover damages for the breach of a contract for the sale of certain lots on Indiana avenue, in the city of Chicago. The case has been tried twice in the trial court and twice in the Appellate Court. Upon the first trial in the circuit court judgment was rendered in favor of appellees…
1Opinion of the CourtJustice Ricks
The primary and controlling question, as we view it, is as to the legal effect of the contracts offered in evidence and made between the parties hereto. While the contracts were both upon the same piece of paper, it is apparent from the contracts themselves, as well as the evidence in the record, that they were entirely distinct. Huling & Co. were real estate brokers. The State street property that they proposed to sell to Bolton belonged to one Flanuigan, and the Indiana avenue property that they were proposing to purchase was for some customer of theirs whose name they did not disclose. The…
2Cases cited9 opinions
- Walker v. TuckerIllinois Supreme Court · 1873
- Quinnin v. ReimersMichigan Supreme Court · 1881
- Langellier v. SchaeferSupreme Court of Minnesota · 1887
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- Baker v. HoltWisconsin Supreme Court · 1882
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