Sibert v. McAvoy
Illinois Supreme Court
In this case the parties entered into a written contract about ditching to be done by McAvoy for Sibert and others. McAvoy did the work as the parties directed, and upoú the settlement for the work, Sibert refused to pay according to the measurement contended for by McAvoy, and he sued in a court of law for his work.
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In this case the parties entered into a written contract about ditching to be done by McAvoy for Sibert and others. McAvoy did the work as the parties directed, and upoú the settlement for the work, Sibert refused to pay according to the measurement contended for by McAvoy, and he sued in a court of law for his work. A difficulty arose upon the trial as to the construction of the contract, and the jury disagreed, and there was a mistrial, and the attorneys for the parties made an agreed case, to test this point; upon which pro found judgment was rendered in the circuit court, and the case…
1Opinion of the CourtCaton, J.
Li November, 1851, a contract was entered into by Sibert and others of the one part, and McAvoy of the other part, by which McAvoy was to dig a certain ditch, for which Sibert and others were to pay him twelve and one half cents per’yard, the measurement to be made by David Hodges. Payments were made as the work progressed. After the work was completed it was measured by Hodges. McAvoy was dissatisfied with the rule of measurement adopted by Hodges. He then brought a suit at law upon the contract, upon which an agreed case was made up, in which it was agreed, that under the contract declared…
2Cited by18 opinions
- Ferrero Construction Co. v. Dennis Rourke Corp.Court of Appeals of Maryland · 1988
- Fowler v. BlackIllinois Supreme Court · 1891
- Park Bros. v. Blodgett & Clapp Co.Supreme Court of Connecticut · 1894
- Purvines v. HarrisonIllinois Supreme Court · 1894
- Lamson v. Horton-Holden Hotel Co.Supreme Court of Iowa · 1921
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