Carter v. Cairo, Vincennes and Chicago Railway Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. E. R. E. Kimbrough, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Vermilion county; the Hon. E. R. E. Kimbrough, Judge, presiding. This suit, an action in assumpsit, was brought by appellees, as plaintiffs, in the circuit court of Vermilion county, against appellant, as defendant, to recover for the breach of a contract made and entered into between the parties July 8, 1905. Appellees were at the time the contract was entered into, and had been for some years previously, as lessees, engaged in operating a coal mine by means of a drift or slope…
1Opinion of the CourtJustice Farmer
Appellees originally leased the mineral rights in the land from the Consolidated Coal Company for a period of one year from October 1, 1903. By the terms of the lease they were to pay the lessor eleven and one-quarter cents per ton, mine run, for all coal taken out. They also agreed to pay the lessor for the months of September to April, inclusive, $15 per month, and for the months of May to August, inclusive, $7.50 per month, whether the actual coal was mined during those periods or not. The Consolidated Coal Company conveyed the land, without reservation, to L. E. Fisher in January, 1904.…
2Cases cited2 opinions
- McConnel v. KibbeIllinois Supreme Court · 1864
- Toluca, Marquette & Northern Railway Co. v. HawsIllinois Supreme Court · 1901
3Cited by4 opinions
- Curtis v. Fruin-Colnon Contracting Co.Supreme Court of Missouri · 1952
- Peck v. Chicago Railways Co.Illinois Supreme Court · 1915
- Curtis v. Fruin-Colnon Contracting Co.Supreme Court of Missouri · 1952
- United Electric Coal Companies v. RiceDistrict Court, E.D. Illinois · 1938