John A. Roebling's Sons' Co. v. Lock Stitch Fence Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Will county; the Hon. Geobge W. Stipp, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Will county; the Hon. Geobge W. Stipp, Judge, presiding. This is an action of assumpsit, commenced in the Circuit Court of Will County, on September 4,1885, by the appellant, a corporation organized under the laws of New Jersey and engaged in the manufacture and sale of galvanized fence wire at Trenton in that State, against the appellee, a corporation organized under the laws of Illinois and engaged in the business of making and selling barbed fence wire at Joliet in the latter…
1Opinion of the CourtJustice Magruder
The court below instructed the jury on behalf of the defendant as follows: “The court further instructs the jury, that, if they believe from the evidence, the plaintiff and defendant made the contract for wire mentioned in the declaration, that the plaintiff entered upon the performance of the contract and shipped to the defendant a part of the wire mentioned in the contract, that defendant received and accepted such part, and then notified the plaintiff not 'to ship any more of the wire, then such notice excused the plaintiff from any further performance of the contract, and the plaintiff…
2Cases cited2 opinions
- Kadish v. YoungIllinois Supreme Court · 1883
- Saladin v. MitchellIllinois Supreme Court · 1867
3Cited by30 opinions
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- Morris v. WibauxIllinois Supreme Court · 1895
- Hardwick v. American Can Co.Tennessee Supreme Court · 1904
25 more not listed; retrieve them via the Exa API.