Hesser v. Chicago & Welleston Coal Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Plaintiff in error’s action was for damages for breach of two contracts. At the conclusion of the evidence the court directed a verdict for defendant. The first contract, averred to have been executed at Chicago on August 28, 1903, reads as follows: “John T. Hesser & Company.
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Plaintiff in error’s action was for damages for breach of two contracts. At the conclusion of the evidence the court directed a verdict for defendant. The first contract, averred to have been executed at Chicago on August 28, 1903, reads as follows: “John T. Hesser & Company. “August 20th, 1903. “New River Coal Contract.1 • “The Chicago & Welleston Coal Company buy from John T. Hesser & .Company, and John T. Hesser & Company sell to the Chicago & Welleston Coal Company three…
1Opinion of the CourtBaker, Circuit Judge
Defendant was a retailer of coal at Chicago; plaintiff, a jobber, with offices at Cincinnati and Chicago; and the companies for which Dixon signed as manager were miners of coal in the New River district.
The construction of the contracts was matter of law for the court. Therein defendant is identified as buyer, plaintiff as seller, and the Dixon collieries as producers and shippers of the,coal which defendant was binding itself to take. That the subject-matter of the contracts was New River coal from the Dixon collieries is the result, whether the bare contracts be taken as expressive of the…
2Cited by1 opinion
- Gund v. LoganCourt of Appeals for the Seventh Circuit · 1911