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Wolff v. Smith
Illinois Appellate Court
25 N.E.2d 399 (1940)
- Written by Heather Whittemore, JD
Facts
Henry L. Wolff (plaintiff), an artist, was commissioned by Carl A. Smith (defendant) to paint a portrait of Smith’s father. After Smith accepted the first portrait, he commissioned Wolff to paint a second portrait. Wolff agreed to paint the portrait to Smith’s satisfaction. When Wolff presented Smith with the second portrait, Smith was dissatisfied and refused to pay Wolff. Wolff filed a lawsuit in state court against Smith for breach of contract, arguing that Smith had arbitrarily rejected the second portrait. The trial court entered judgment in favor of Wolff. Smith appealed, arguing that under the contract, he could reject the portrait if he was personally dissatisfied with it.
Rule of Law
Issue
Holding and Reasoning (Dove, J.)
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