Legal Opinion

Convert v. Bishop & Babcock Co.

Appellate Court of Illinois

Decided February 10, 1910No. Gen. No. 14,908PublishedCited by 1 opinion

Assumpsit. Appeal from the Superior Court of Cook county; the Hon. George A. Duput, Judge, presiding. Heard in this court at the October term, 1908.

1Opinion of the CourtJustice Freemah

It is urged in behalf of defendant that the court erred in admitting in evidence the alleged oral contract for payment to plaintiff of three-eighths cent a pound; that is not only the one-quarter or two-eighths cents a pound provided for in the written contract, but also the additional one-eighth cent a pound. It appears that the evidence of an oral agreement contemporaneous with the written contract in evidence was excluded when such affirmative proof was offered in behalf of the plaintiff suing to recover on the written contract. This ruling was manifestly correct. In such circumstances the…

2Cases cited2 opinions

  1. Newkirk v. ConeIllinois Supreme Court · 1857
  2. O'Donnell v. Armour Curled Hair WorksAppellate Court of Illinois · 1903

3Cited by1 opinion

  1. Eshelman v. RawaltAppellate Court of Illinois · 1920

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