Pahlman v. King (49 Ill. 266, 1868)

Mr. Chief Justice Breese

delivered the opinion of the Court:

The record in this case shows a claim presented by John D. Pahlman, before the county court of Cook county, against the estate of John B. King, deceased, represented by his widow, Emily A. King, administratrix, to recover of the estate a very large sum of money, for the breach of a contract alleged to have been made by King, in his life-time, to deliver Pahlman, in the fall and winter of 1864, three thousand tons of coal, at the price of four dollars and ninety cents per ton. The court disallowed the claim, and Pahlman appealed to the circuit court, where, on trial by a jury, a verdict was found for the administratrix, and the claim again disallowed.

To reverse this judgment the claimant brings the record-r>i ‘im . here by appeal, assigning as error, a modification of instruction asked by the plaintiff and in giving certain in stouts 'x‘ tions for the defendant.

The instruction modified by the court was as follows:

“ The jury are instructed, if they find that King contráMed ' with the plaintiff, in the summer of 1864, to deliver to him in" -’ Chicago 3,000 tons of coal during the then next fall and winter for a stipulated price, and that the coal was not delivered according to said contract, in that case the plaintiff was not required to ‘demand of King or his representatives a performance of the contract before bringing an action for its breach.”

The court added,