Joliet Bottling Co. v. Joliet Citizens' Brewing Co.

Citation254 Ill. 215,98 N.E. 263
PartiesJOLIET BOTTLING CO. v. JOLIET CITIZENS' BREWING CO.
Decision Date18 April 1912
CourtSupreme Court of Illinois

OPINION TEXT STARTS HERE

Appeal from Appellate Court, Second District, on Appeal from Circuit Court, Will County; Dorrance Dibell, Judge.

Action by the Joliet Bottling Company against the Joliet Citizens' Brewing Company. From a judgment for defendant, plaintiff appealed. On certificate of importance, the judgment of the Appellate Court, affirming that of the court below, was affirmed.Garnsey, Wood & Lennon and Coll McNaughton, for appellant.

P. C. Haley and Robert E. Haley, for appellee.

FARMER, J.

This suit was brought by appellant against appellee to recover damages for the breach of a contract set out in haec verba in the declaration. The contract is as follows:

‘Memorandum of agreement made this 23d day of August, 1905, by and between Joliet Citizens' Brewing Company, a corporation of Illinois, and the Joliet Bottling Company, a corporation of Illinois, both of Joliet, Will county, Illinois, witnesseth: That for and in consideration of the sum of one dollar, receipt whereof is hereby acknowledged, and in further consideration of the premises hereinafter set forth, Joliet Citizens' Brewing Company (hereinafter called the brewing company) agrees to brew for the Joliet Bottling Company (hereinafter called the bottling company) two special brews of beer especially adapted for bottling purposes, to guarantee them as to quality, and to deliver the same to the said bottling company at their works at the price of six dollars and thirty-five cents ($6.35) a barrel for the first and five dollars and twenty ($5.20) a barrel for the second quality. Said brewing company agrees to deliver said beer to said bottling company in sufficient quantities to supply the said bottling company's demand for either or both kinds, and agrees not to bottle nor cause to be bottled, nor to furnish to any other person, firm or corporation, beer of any quality for bottling so long as the said bottling company is bottling the beer of the said brewing company. Said brewing company agrees that if at any time it shall appear that a discount from the above terms for cash can be made to said bottling company, it, the said brewing company, will give said discount. Said brewing company further agrees to furnish to said bottling company, during the first three months of its operation, such advertising novelties, not to exceed in value the sum of $500, as the trade may demand or warrant, and thereafter, if the trade shall warrant, to furnish other and further advertising novelties to said bottling company as may be agreed upon. In consideration of the above, said bottling company agrees to bottle the beer of said brewing company, as aforesaid, and to pay the price, as aforesaid, so long as said brewing company shall continue to furnish to said bottling company beer of satisfactory qualities, as aforesaid, in such quantities as the trade shall demand, and to market the same as the product of said brewing company. Said bottling company further agrees to pay for such beer according to the terms hereinbefore before set forth, and to make all settlements therefor with said brewing company as follows: Upon the 5th of each month for all beer delivered by said brewing company to said bottling company from the 16th to the last of the preceding month; upon the 20th of each month for all beer, as aforesaid, from the first to the 16th of the same month. This agreement is made in pursuance of a memorandum entered into and signed by the parties hereto in the persons of W. O. Bates and Mike Kahn upon August 14, 1905, at Joliet, Illinois.

‘Witness the hands and corporate seals of the parties hereto, the day and year above written, in duplicate.’

The declaration consisted of one count, and alleged that on the 1st day of July, 1905, appellee was possessed of and operating a brewery in the city of Joliet, and was preparing to manufacture beer of various kinds and qualities for sale; that on the 1st day of August W. O. Bates, president of appellant, and Michael Kahn, president of appellee, entered into an arrangement, whereby Bates agreed to organize a corporation for the purpose of bottling the beer of appellee, and that, in pursuance of said arrangement, the appellant corporation was organized on August 20, 1905, and that on the 23d day of August appellant and appellee entered into the written agreement above set out. The declaration further alleged that, pursuant to the agreement, appellant leased premises in the city of Joliet, incurring an obligation to pay $5,000 rent therefor, that said premises were secured by and with the advice and counsel of the officers of appellee, and appellant immediately commenced to, and did, erect and set up machinery upon said premises for the sole purpose of bottling beer manufactured by appellee for market, and in doing so expended the sum of $40,000, all of which was done under the advice and counsel of officers and agents of appellee. The declaration further averred that on December 1, 1905, appe...

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