Wolf v. Selig Polyscope Co., 204 Ill. App. 178 (1917)

Feb. 19, 1917 · Illinois Appellate Court · Gen. No. 22,644
204 Ill. App. 178

Nathan Wolf and Morris Choynski, Appellees, v. Selig Polyscope Company et al., Appellants.

Gen. No. 22,644.

(Not to be reported in full.)

Abstract of the Decision.

1. Sales, § 1 * —when evidence insufficient to show contract. Evidence held to show that no contracts of sale were entered into be*179tween the plaintiffs and the defendants respectively which defendants conspired to break, in an action to recover damages, charging that the defendants had so conspired.

*178Appeal from the Superior Court of Cook county; the Hon. H. Sterling Pomeroy, Judge, presiding. Heard in this court at the October term, 1916.

Reversed with finding of facts.

Opinion filed February 19, 1917.

Statement of the Case.

Action by Nathan Wolf and Morris Choynski, plaintiffs, against the Selig Polyscope Company, a corporation, George Kleine and Essanay Film Manufacturing Company, a corporation, defendants, charging conspiracy to injure plaintiffs’ business. Prom' a judgment for plaintiffs for $2,000, defendants appeal.

The plaintiffs were engaged in the exhibition business and the business of buying and selling motion picture posters. The defendants were motion picture film manufacturers or producers, and in connection with such business printed and distributed posters which they sold to theater proprietors for advertising purposes at" their theaters.

William A. Jennings, Richard J. Cooney and John A. Verhoeven, for appellants.

Sonnenschein," Berkson & Fishell, for appellees.

Mr. Presiding Justice McSurely

delivered the opinion of the court.

*1792. Saxes, § 16 * —what are requisites of contract as to definiteness. A contract of sale, to be enforceable, must be definite as to amount, the price, terms of payment, and time of delivery.