Buckingham Corp. v. Ewing Liquors Co.
Appellate Court of Illinois
305 N.E.2d 278 (1973)
- Written by Rich Walter, JD
Facts
Buckingham Corporation (plaintiff) sued Ewing Liquors Company (defendant) for breaching a contractual agreement. At the bench trial, Buckingham introduced the signed agreement as evidence. It carried the signature of William Gallagan, a Buckingham vice president. A Buckingham employee, Herbik, testified that although he did not see Gallagan sign the agreement, routine business dealings exposed Herbik to Gallagan's handwriting and allowed Herbik to recognize Gallagan's signature on the agreement. Herbik also testified that Gallagan later told Herbik he signed the agreement. Although this was hearsay testimony, Ewing's lawyer did not object. The judge ruled for Buckingham. On appeal to the Appellate Court of Illinois, Ewing argued Buckingham did not authenticate Gallagan's signature and therefore the agreement was inadmissible as evidence.
Rule of Law
Issue
Holding and Reasoning (Stamos, J.)
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