Kendallville Refrigerator Co. v. Davis
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Kirk Hawes, Judge, presiding. « Bill, filed hy a corporation of Indiana, complains of the defendants, appellees, and says that about the 29th day of July, 1887, complainant and defendants entered into a contract in writing, by which complainant licensed the defendants to construct a certain system of cold storage and refrigerators, secured to complainant by letters patent, in consideration of which license the…
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Appeal from the Superior Court of Cook County; the Hon. Kirk Hawes, Judge, presiding. « Bill, filed hy a corporation of Indiana, complains of the defendants, appellees, and says that about the 29th day of July, 1887, complainant and defendants entered into a contract in writing, by which complainant licensed the defendants to construct a certain system of cold storage and refrigerators, secured to complainant by letters patent, in consideration of which license the defendants promised to pay to the complainant twenty-five cents per square foot, inside floor measurements, of all such…
1Opinion of the CourtMoran, P. J.
The demurrer admits the contract set out in the bill and the dealings alleged in pursuance of said contract, that complainant is ignorant of the names of parties for whom refrigerators have been constructed by defendants, and of the number, dimensions and location of such refrigerators constructed under complainant’s system, and the contract contains an agreement that defendants shall furnish such information to complainant. Defendants then, by contract, undertook to account, and without such account it can not be ascertained how much defendants are indebted.
Such circumstances entitle…
2Cases cited6 opinions
- Schooner Paulina's Cargo v. United StatesSupreme Court of the United States · 1812
- Cannon v. McNab & Eastern BankSupreme Court of Alabama · 1872
- McNab v. HealdIllinois Supreme Court · 1866
- Russell v. DickeschiedWest Virginia Supreme Court · 1884
- Russell v. MaddenIllinois Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Guertin v. GuertinAppellate Court of Illinois · 1990
- Mayr v. Nelson Chesman & Co.Appellate Court of Illinois · 1915
- Garden City Sand Co. v. PeopleAppellate Court of Illinois · 1905
- Brandenburg v. Buda Co.Appellate Court of Illinois · 1920
- Wright v. Superior CourtCalifornia Supreme Court · 1903