Henry Pratt & Co. v. Paris Gas Light & Coke Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Edgar county; the Hon. Ferdinand BookwALTER, Judge, presiding.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Edgar county; the Hon. Ferdinand BookwALTER, Judge, presiding. The following statement, taken from the opinion of the Appellate Court in this case, sufficiently presents the facts and issues tried: “This was assumpsit, by appellants,-against appellee, to recover the price of a certain apparatus for the manufacture of water gas, furnished by the former to the latter under a contract in writing. The appellee pleaded the general issue and four special pleas. These latter were, in…
1Opinion of the CourtJustice Phillips
It was held by the Appellate Court, as they were warranted by the evidence in doing, that the contract between appellants and appellee was entered into by the latter upon the faith of representations by appellants that the right to use the patent was. not disputed, which representations were known by appellants to be untrue when made, and further, that upon becoming aware of the fact that the rights of appellants were disputed, (in respect of which'fact there can be* no longer any controversy,) appellee was justified, as we think it unquestionably was, in its refusal to proceed under the…
2Cases cited4 opinions
- Middlebrook v. . BroadbentNew York Court of Appeals · 1872
- Slemmer's AppealSupreme Court of Pennsylvania · 1868
- Rice v. GarnhartWisconsin Supreme Court · 1874
- Nye v. RaymondIllinois Supreme Court · 1854
3Cited by9 opinions
- People v. WeilIllinois Supreme Court · 1909
- Chicago Bar Ass'n v. KelloggAppellate Court of Illinois · 1949
- Jones v. UlrichAppellate Court of Illinois · 1950
- Thompson v. PeopleIllinois Supreme Court · 1901
- Forster v. Brown Hoisting Machinery Co.Illinois Supreme Court · 1914
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