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81 Ill. 468

Dana v. Short

Illinois Supreme Court

Decided January 15, 1876

Illinois Supreme Court · decided 1876-01-15

Charles S. Zane, Judge, presiding. This was an action originally brought before a justice of the peace, by James L. Short, against Gr. S. Dana. On appeal to the circuit court, the cause was tried by the judge, without a jury, resulting in a judgment of $104.35 in favor of the plaintiff. The defendant sent the plaintiff a letter, of which the following is a copy: Springfield, Ill., Sept. 21, 1874.

Good law ✅— No negative treatment on recordhow we know

Decided 1876-01-15

How this case has been cited

Cited by 3 later decisions — most recently October 1910

3 state decisions

1018761880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2The offer contained in appellant’s letter to appellee, when at Chatham, and appellee’s acceptance thereof, created a contract according to the terms contained in the letter. Those terms were, constant work for the ensuing winter at ten dollars per week. Appellee was bound by these terms to work for appellant through the winter, for ten dollars a week. He entered upon the service, and was discharged without any fault on his part, in about one month, and has failed to procure employment elsewhere, after making reasonable efforts in that direction.

¶3There was mutuality in the contract, and it has not been kept by appellant, and no reason given why he did not keep it. It would not have availed appellee to have objected at the time of his discharge. Appellant had determined on his course of action, and remonstrances by appellee would have been unavailing. He could not compel a specific performance, but the law gives him redress for the damages he has sustained, which were properly found by the court, there being sufficient evidence of the contract.

¶4We see no reason for reversing the judgment, and it will be affirmed.

¶5Judgment affirmed.

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