98 N.E. 263 (Ill. 1912), Joliet Bottling Co. v. Joliet Citizens' Brewing Co.
|Citation:||98 N.E. 263, 254 Ill. 215|
|Opinion Judge:||FARMER, J.|
|Party Name:||JOLIET BOTTLING CO. v. JOLIET CITIZENS' BREWING CO.|
|Attorney:||Garnsey, Wood & Lennon and Coll McNaughton, for appellant. P. C. Haley and Robert E. Haley, for appellee.|
|Case Date:||April 18, 1912|
|Court:||Supreme Court of Illinois|
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.
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 [254 Ill. 216] 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...
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