Goodyear Shoe Machinery Co. v. Selz, Schwab & Co.
Appellate Court of Illinois
Memorandum.—Assumpsit. Error to the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1893, and affirmed. Statement of the Case. Plaintiff in error brought in the Circuit Court an action of assumpsit to recover certain royalties alleged to be due upon a certain contract by it made with the defendant.
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Memorandum.—Assumpsit. Error to the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the October term, 1893, and affirmed. Statement of the Case. Plaintiff in error brought in the Circuit Court an action of assumpsit to recover certain royalties alleged to be due upon a certain contract by it made with the defendant. Paragraph three of the contract contains a schedule of rents or royalties to be paid by defendant in error for the use of the machines. Paragraph four provides that defendant in error shall keep an account of all boots and shoes…
1Opinion of the CourtJustice Waterman
delivered the opinión oe the Court.
It is contended by the plaintiff that the contract under consideration is to be construed as a license to use certain machines upon payment by a certain day of the full royalty mentioned in the contract, with a provision that if the sum earned in one month is paid at a fixed period before the same becomes due, then a deduction of fifty per cent shall be made therefrom; that the exaction of twice as much if payment is made on the first day of November as would be required to discharge the debt if paid on the fifteenth day of October, is not the taking or…
2Cases cited12 opinions
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Scofield v. TompkinsIllinois Supreme Court · 1880
- Tiernan v. HinmanIllinois Supreme Court · 1855
- Stacey v. RandallIllinois Supreme Court · 1856
- Gwynne v. NiswangerOhio Supreme Court · 1846
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3Cited by5 opinions
- Bauer v. SawyerAppellate Court of Illinois · 1955
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- United Shoe Machinery Co. v. AbbottCourt of Appeals for the Eighth Circuit · 1908
- Kimball and Co. v. DoggettAppellate Court of Illinois · 1896
- River East Plaza LLC v. Variable Annuity LifCourt of Appeals for the Seventh Circuit · 2007