Corporation Service Co. v. Bolger, Mosser & Willaman

Appellate Court of Illinois

Corporation Service Co. v. Bolger, Mosser & Willaman

190 Ill. App. 75, 1914 Ill. App. LEXIS 85

CourtAppellate Court of Illinois

DecidedDecember 22, 1914

DocketGen. No. 19,538

StatusPublished

This text of 190 Ill. App. 75 (Corporation Service Co. v. Bolger, Mosser & Willaman) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Corporation Service Co. v. Bolger, Mosser & Willaman, 190 Ill. App. 75, 1914 Ill. App. LEXIS 85 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Presiding Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. Contracts, § 309*—when performance does not constitute compliance. Where a corporation contracted for the services of a certain company in representing it before the State Board in the matter of its capital stock taxes for a certain year, for which services it agreed to pay a certain per cent, of the amount of tax saved under a certain sum, and subsequently the Supreme Court decided that the Board had no authority to assess the capital stock of mercantile corporations, which decision the Board followed, held that said company was not entitled to a percentage under the agreement, since the parties contemplated a tax would be levied on an assessment by the State Board, and that the action of the Board was the result of law rather than the company’s efforts, the company having made the value of its services contingent upon something it could not perform.

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Mr. Presiding Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. Contracts, § 309*—when performance does not constitute compliance. Where a corporation contracted for the services of a certain company in representing it before the State Board in the matter of its capital stock taxes for a certain year, for which services it agreed to pay a certain per cent, of the amount of tax saved under a certain sum, and subsequently the Supreme Court decided that the Board had no authority to assess the capital stock of mercantile corporations, which decision the Board followed, held that said company was not entitled to a percentage under the agreement, since the parties contemplated a tax would be levied on an assessment by the State Board, and that the action of the Board was the result of law rather than the company’s efforts, the company having made the value of its services contingent upon something it could not perform.

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Bluebook (online)

190 Ill. App. 75, 1914 Ill. App. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corporation-service-co-v-bolger-mosser-willaman-illappct-1914.