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Reports of Cases Determined in the Appellate Courts of Illinois, Volum 122
Illinois. Appellate Court,Walter Clyde Jones,Basil Jones
Uten tilgangsbegrensning - 1906
action affidavit Affirmed agreement alleged amount appellant's appellee appellee's Arnold assigned assumpsit attorneys for appellant authority bill cause charged Charles chattel mortgage Chicago Circuit Court claim complainant contract Cook County corporation counsel County Court court of equity creditors damages deceased declaration decree deed defendant in error delivered the opinion demurrer Edward Martin entered entitled equity evidence execution fact fraudulent Griesheimer Heard indictment injury instruction interest intoxication issued Joseph Salomon Judge judgment June 12 jury lant Lemars Shoe lien Marshall Martin Melissa F ment motion negligence notice offense Opinion filed June paid parties payment person plaintiff in error plea premises promissory note proof purchase question railroad reason received record recover refused replevin Reversed and remanded reversible error rule Sammis statute street suit sustained testified thereof tion trial trust verdict witness
Side 467 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Side 274 - It provides that every indictment or accusation of the grand jury shall be deemed sufficiently technical and correct, which states the offense in the terms and language of the statutes creating the offense, or so plainly that the nature of the offense may be easily understood by the jury.
Side 467 - ... special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For, had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case; and of this advantage...
Side 591 - And to secure the payment of said amount 1 hereby authorize, irrevocably, any attorney of any court of record to appear for me in such court, in term time or vacation, at any time hereafter, and confess a judgment without process in favor of the holder of this note...
Side 616 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Side 468 - These are part and parcel of the contract itself, and must have been in the contemplation of the parties when the agreement was entered into. But if they are such as would have been realized by the party from other independent and collateral undertakings, although entered into in consequence and on the faith of the principal contract, then they are too uncertain and remote to be taken into consideration as a part of the damages occasioned by the breach of the contract in suit.
Side 672 - In modes of proceeding and forms to enforce the contract the legislature has the control, and may enlarge, limit or alter them, provided it does not deny a remedy or so embarrass it with conditions or restrictions as seriously to impair the value of the right.
Side 16 - For any Injury to person or property, occasioned by any willful violations of this act, or willful failure to comply with any of its provisions, a right of action...