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Schneider v. Neubert

Appellate Court of Illinois
Mar 27, 1925
237 Ill. App. 657 (Ill. App. Ct. 1925)
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Summary

In Schneider v. Neubert, 308 Ill. 40, at page 44, it is said: "Where the court is unable to determine the true agreement of the parties and it is necessary for the jury to determine what the contract is, the court should submit the question of fact to the jury under proper alternative instructions as to the construction to be given to the contract in the event of each possible finding of fact."

Summary of this case from DuHamel v. Board of Education
See 2 Summaries

Opinion

Gen. No. 7,347.

Opinion filed March 27, 1925.

Suit on contract. Judgment for defendants.

Appeal from the Circuit Court of Henry county; the Hon. C.J. Searle, Judge, presiding. Heard in this court at the April term, 1924.

Sturtz Ewan, for appellant. Thomas J. Welch and Andrews O'Connor, for appellees.

Mr. Presiding Justice Jett delivered the opinion of the court.

Reversed and remanded.

Summaries of

Schneider v. Neubert

Appellate Court of Illinois
Mar 27, 1925
237 Ill. App. 657 (Ill. App. Ct. 1925)

In Schneider v. Neubert, 308 Ill. 40, at page 44, it is said: "Where the court is unable to determine the true agreement of the parties and it is necessary for the jury to determine what the contract is, the court should submit the question of fact to the jury under proper alternative instructions as to the construction to be given to the contract in the event of each possible finding of fact."

Summary of this case from DuHamel v. Board of Education

In Schneider v. Neubert, 308 Ill. 40, it was said that if the meaning is so clear that no reasonable man could reach more than one conclusion, the court must construe the contract and for this purpose may consider the surrounding circumstances and its meaning need not be left to the jury unless, after considering the circumstances, there remains a doubt of its meaning; but if the extrinsic facts and circumstances are controverted, then the jury must determine the meaning of the contract.

Summary of this case from New York Hamilton Corp. v. First Illinois Co.
Case details for

Schneider v. Neubert

Case Details

Full title:Oscar W. Schneider, appellant, v. Otto Neubert et al., appellees

Court:Appellate Court of Illinois

Date published: Mar 27, 1925

Citations

237 Ill. App. 657 (Ill. App. Ct. 1925)

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