Havana, Rantoul & Eastern Railroad v. Walsh

Citations

• 85 Ill. 58

Syllabus

<p>1. Party plaintiff—on contract by agent. In the case of a simple contract, an undisclosed principal may bring an action in his own name, even though the agent contracts personally.</p> <p>2. Same—on contract by one partner for the firm. When one partner enters into a simple contract, though in writing, in his individual name, but in fact for his firm, although that fact is not known to the other contracting party, an action may be maintained on it in the name of the firm, by alleging that it was entered into by the firm by the name and style of the name of the one partner, each partner being the agent of the firm.</p> <p>3. Contract—of the party bound. Where a contract for the sale and delivery of railroad ties, in the beginning purports to be entered into by the president of a railway company, and recites that the other party is to furnish the ties to the company, and it is signed in the name of the company by its president, it will be construed as obligating the company to pay the price, although the president as agent promises, in the contract, to make payment.</p> <p>4. Same—place of inspection of ties sold. Where a written contract for the sale and delivery of railroad ties provides that the same shall be inspected before payment, and that they shall be loaded on the company’s cars at a certain place, but is silent as to where the inspection shall be made, it maybe shown that it was the understanding of the parties that the lies were to be shipped, and inspected where unloaded, and, when this is shown, a neglect to inspect a portion when delivered furnishes no excuse for delay in making a delivery before the inspection was had.</p> <p>5. Measure op damages—-failure to deliver property sold, in proper time. Where a party under an contract to sell and deliver railroad ties, neglects to commence their delivery in the time named in the contract, and to complete such delivery in time, without any sufficient excuse, and damages are shown in consequence thereof, a