Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 45 (June And September Terms, 1867)
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If, in this case, permission was given to appellee to take earth from a particular place, and he contracted with a view to that permission, he had a right to insist upon taking it from that place. And if the company were to furnish the earth (and it seems they so understood the agreement, as they pro- cured it, in part at least, from the officer having charge of the canal), then they have no right to insist that appellee should have furnished it under the agreement. It is true, the con- tract i...s silent as to which party was to furnish the earthy but the parties themselves gave a construction to the agree- ment, and they should be bound by it. And, when the agent of the company directed appellee, when he first entered upon the performance of the agreement, where to obtain the earth for the work, and he commenced at that place, it must be understood that they gave the construction to the agreement that the necessary earth was to be taken from that place, un- less from any thing then said it can be inferred that such was not the understanding.
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