Capital City Mutual Fire Insurance v. Detwiler
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the lion. Elliott Anthony, Judge, presiding. This was assumpsit brought January 2, 1886, by appellee Detwiler as plaintiff, against the insurance company, appellant, to recover for services as agent rendered by the former for the latter, and damages for an alleged wrongful discharge of plaintiff by and from the employment of the defendant as its general agent.
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Appeal from the Superior Court of Cook County; the lion. Elliott Anthony, Judge, presiding. This was assumpsit brought January 2, 1886, by appellee Detwiler as plaintiff, against the insurance company, appellant, to recover for services as agent rendered by the former for the latter, and damages for an alleged wrongful discharge of plaintiff by and from the employment of the defendant as its general agent. The declaration contains one special and the common counts for 'work and labor. The special count sets out, in hace verla, a contract under seal, between the parties, made September 29,…
1Opinion of the CourtMcAllister, J.
The plaintiff below must, under the pleadings in the case, be taken as bound upon the trial to the theory and position that there had been a breach by the defendant of the contract of hiring set out in his special count prior to the time of entry into the new agreement of compromise set ont in defendant’s special pleas of accord and satisfaction. That being the case, then, although the former agreement was under seal =and the latter not, yet as to the consequences of a breach of such sealed agreement of hiring, it was entirely competent for the parties to so deal with them by parol as to…
2Cases cited6 opinions
- Palmerton v. HuxfordNew York Supreme Court · 1847
- Delacroix v. BulkleyNew York Supreme Court · 1834
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- Neary v. BostwickNew York Court of Common Pleas · 1859
- Butch v. LashSupreme Court of Iowa · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sterenberg v. BeachAppellate Court of Illinois · 1920
- Williams v. BoydenAppellate Court of Illinois · 1889
- Murphy v. HalleranAppellate Court of Illinois · 1893
- Bregman v. FriedmanAppellate Court of Illinois · 1927