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action agreed agreement alleged allowed amount appellant appellee apply authority bank bill brought canal cause charged Chicago Circuit Court cited claim clerk complainant consideration contract Cook corporation damages decree deed defendant delivered direct dollars duty entered entitled error evidence execution fact filed give given ground held injury instruction interest issue John Judge judgment jury land lease liability matter ment mortgage motion necessary negligence notice objection offered opinion owner paid parties payment person plaintiff plea possession premises present presiding proof prove purchase question reason received record recover refused release remanded rendered respect reversed road rule signed statute sufficient suit taken tending term testimony tion train trial trust verdict Walker witness writ
Seite 383 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Seite 272 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Seite 418 - ... 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.
Seite 418 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract...
Seite 419 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Seite 446 - ... who for some reason (not implying negligence) forbears to read, has a written contract falsely read over to him, the reader misreading to such a degree that the written contract is of a nature altogether different from the contract pretended to be read from the paper, which the blind or illiterate man afterwards signs; then, at least if there be no negligence, the signature so obtained is of no force.
Seite 343 - ... to have and use a common seal, and to alter the same at pleasure; to make and...
Seite 418 - But, on the other hand, if these 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.
Seite 544 - The counsel will not be permitted to represent in the statement of a question the contents of a letter, and to ask the witness whether he wrote a letter to any person with such contents, or contents to the like effect, without having first shown to the witness the letter, and having asked him whether he wrote that letter, and his admitting that he wrote it...
Seite 359 - Appeals from and writs of error to circuit courts, the superior court of Cook county, the criminal court of Cook county, county courts and city courts in all criminal cases, below the grade of felony, shall be taken directly to the appellate...