Dickinson v. Gray
Appellate Court of Illinois
Assumpsit, on a written contract as modified by parol. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in this court at the March term, 1897. Affirmed. Opinion filed October 11, 1897.
1Opinion of the CourtJustice Sears
This is an action brought upon a contract in writing, alleged by appellees (plaintiffs in trial court) to have been, changed in some particulars by a later oral agreement.
The controversy of fact was as to whether such modification was made. One of appellees testified that it was; and one of appellants testified that it ivas not changed. There ivas no other evidence upon the subject. The contract Avas performed by appellees upon the terms of the alleged modification, and not in accordance with the requirements of the original writing.
The cause was tried by the court ivithout a jury.
It is…
2Cases cited4 opinions
- Gibler v. City of MattoonIllinois Supreme Court · 1897
- Durant v. RogersIllinois Supreme Court · 1877
- Firemen's Insurance v. PeckIllinois Supreme Court · 1888
- Sands v. KageyIllinois Supreme Court · 1894
3Cited by13 opinions
- Wehrheim v. Thiel Detective Co.Appellate Court of Illinois · 1900
- Snively v. MeixsellAppellate Court of Illinois · 1901
- Superior Lumber Co. v. TracyAppellate Court of Illinois · 1898
- Ettlinger Printing Co. v. CopelinAppellate Court of Illinois · 1898
- Stern v. GlattsteinAppellate Court of Illinois · 1898
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