Erie Casein Co. v. Anric Corp.

4 Citing cases

  1. Comex International v. Norfolk Southern Railway Co.

    Civil Action No. H-04-3637 (S.D. Tex. Feb. 14, 2006)   Cited 1 times

    A reasonable time for performance is "such time as is necessary to do conveniently what the contract requires." See, e.g., Erie Casein Co. v. Anric Corp., 577 N.E.2d 892 (Ill.App. 1991); Yale Dev. Co. v. Aurora Pizza Hut, Inc., 420 N.E.2d 823, 826 (Ill.App. 1981). Under the contract, Comex was obligated to unload the container within seven days after "delivery."

  2. U.S.A. COIL AIR, v. HODESS BUILDING CO., 96-3397 (1999)

    C.A. No. 96-3397 (R.I. Super. Feb. 8, 1999)

    It is irrelevant that hindsight may later suggest a cheaper or more effective method. Id.; Erie Casein Co., Inc. v. Anric Corp., 577 N.E.2d 892, 895 (Ill. 1991). The burden of proof is on the seller of goods to prove that cover was not reasonably obtained.

  3. Riverdale Bank v. Papastratakos

    266 Ill. App. 3d 31 (Ill. App. Ct. 1994)   Cited 9 times

    Under circumstances where the trial court has heard and observed the witnesses and their testimony is contradictory, a reviewing court will not substitute its judgment for that of the trial court as to the credibility of witnesses. Erie Casein Co. v. Anric Corp. (1991), 217 Ill. App.3d 602, 606-07, 577 N.E.2d 892, 895. Because the evidence at trial did not support the Bank's theory of a joint partnership, the trial court correctly determined that no joint venture existed and that Nanos had illegally forged Georgopoulos' signature on the checks.

  4. McKenzie Dredging Co. v. Deneen River Co.

    249 Ill. App. 3d 694 (Ill. App. Ct. 1993)   Cited 15 times

    When a trial court has heard and observed the witnesses and their testimony is contradictory, a reviewing court will not substitute its judgment for that of the trial court. ( Erie Casein Co. v. Anric Corp. (1991), 217 Ill. App.3d 602, 577 N.E.2d 892.) We find that the trial court's ruling is amply supported by the testimony of Robert McKenzie concerning the agreement regarding supervisory personnel.