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· 5/10/1902

Crystal Ice Co. v. Wylie

Citations

  • 65 Kan. 104
  • 68 P. 1086
  • 1902 Kan. LEXIS 22

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Anti-trust Dun — Breach of Contract — Attorneys' Fees. An ice company contracted to deliver to W. ice at a stipulated price per ton during the season of 1898. - A small part of it was furnished when the company refused further to carry out the contract. Held, that in an action against the ice company by W. for damages caused by a breach of the contract, attorneys’ fees cannot be recovered under the anti-trust law by showing that the reason the company violated its contract was that it had entered into an unlawful combination with another ice company, and contracted to deliver its entire output of ice to the latter. The reasons for the breach furnished nocause of action.</p> <p>2. -Intoxicating Liquors — Insufficient Defense. In an action of the kind mentioned in the above paragraph, it is no defense to the ice company that a great part of the damages resulting to W. from a breach of the contract was caused by a loss of profits to him which he would have derived from sales of ice to persons engaged in selling intoxicating liquors contrary to law.</p>

Judges: Smith

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