Bangor Furnace Co. v. Magill

Citations

• 108 Ill. 656
• 1884 Ill. LEXIS 1527

Syllabus

<p>1. Practice—waiver of objection, by pleading to merits. Pleading the general issue and going to trial upon the merits, is a waiver of any defects in the service of process or erroneous rulings of the court in respect to such service, and it even obviates the necessity of any process or service at all.</p> <p>2. Contract—for transportation, construed, as to furnishing articles for carriage. A contract whereby one party is obligated to carry by a vessel on the lakes ten thousand tons of ore for a defendant from one place to another, and the latter to pay a certain price per ton as fast as received, requires the latter to furnish the ore at the place named for transportation, and a failure to do so is a breach of the contract on his part.</p> <p>3. Measure oj? damages—neglect to furnish ore for transportation. In a suit upon a contract whereby the plaintiff was to transport by vessel ten thousand tons of ore during a particular season from one place to another, in which it was shown the defendant failed to furnish all the ore that was to be carried, the court instructed the jury that the plaintiff, if a breach of the contract was proved, was entitled to recover the difference between what he would have earned or made as net profits if the remaining ore had been delivered for shipment under the contract, and what the vessel earned in other employment during the remainder of the season after notice that no more ore would be furnished for transportation: Held, that the instruction was as favorable to the defendant as he had any right to ask.</p> <p>á. Arpead—reviewing facts. The amount of damages sustained by a plaintiff is a question of fact not open to review in this court, and the rule is the same whether the damages are found by the court or the verdict of á jury. This applies only in that class of cases in which this court is precluded from examining controverted questions of fact.</p>