WEBSTER ET AL.

v.

MIDLAND ELECTRIC COAL CORP. ET AL.

Citator

Cited By

• Cold Well Banker & Co. v. Merlin Karlock, 686 F.2d 596 (7th Cir. 1982)
  …iscovered that McGrath was not a licensed real estate broker in Indiana, Karlock may have waived any defense based on the Indiana licensing statute. See, e.g., Eisenberg v. Goldstein, 29 Ill.2d 617, 622, 195 N.E. 2d 184, 186-87 (1963), cert. denied, 377 U.S. 964, 84 S.Ct. 1645, 12 L.Ed.2d 735 (1964). The parties neither briefed nor argued this issue, however, and our decision that Illinois law governs the exclusive listing agreement makes it unnecessary for us to address the question. . Karlock’s failure o…
• Havoco OF Am., Inc. v. Hilco, Inc., 799 F.2d 349 (7th Cir. 1986)
  …his complaint. The facts were at least sufficient to make it Havoco’s “duty to use ordinary diligence to make further investigations” before it assigned the contract. Eisenberg v. Goldstein, 29 Ill.2d 617, 195 N.E. 2d 184, 186 (1963), cert. denied, 377 U.S. 964, 84 S.Ct. 1645, 12 L.Ed.2d 735 (1964). Mr. Van Der Meulen’s new affidavit, R. 169, does not create a genuine issue of fact. To the extent that this affidavit contradicts, without explanation, his deposition testimony it can be disregarded. Miller v.…
• Havoco OF Am., Ltd. v. Hilco, Inc., 731 F.2d 1282 (7th Cir. 1984)
  …t to the impact of partial or substantial performance on the doctrine of waiver of fraud damages by affirmation of the contract. The leading Illinois Supreme Court ease of Eisenberg v. Goldstein, 29 Ill.2d 617, 195 N.E. 2d 184 (1963), cert. denied, 377 U.S. 964, 84 S.Ct. 1645, 12 L.Ed.2d 735 (1964), involved alleged fraud and misrepresentation in the sale of an apartment building and a request for rescission of the deed rather than the recovery of damages. The court held that there was no actionable fraud…