Rodhouse v. Chicago & Alton Railway Co.
Illinois Supreme Court
Writ oE Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding.
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Writ oE Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding. This is an action in assumpsit, brought by the plaintiff in error against the defendant in error to the November term, 1904, of the circuit court of Pike county to recover damages for breach of a contract, made by the defendant in error with the Board of Sny Island Levee Drainage District Commissioners, a corporation organized under the laws of Illinois, which contract is set out in hcec verba in the amended declaration…
1Opinion of the CourtJustice Magruder
The only question in this case is, whether or not the court below properly sustained the demurrer to the amended declaration. Upon this subject the Appellate Court, speaking through Mr. Justice Baume, expressed the following views in their opinion, deciding this case:
“Plaintiff in error predicates his right of action in this case generally upon an application of the recognized rule, that a third party, for whose benefit a contract is made, may maintain an action in his own name for a breach thereof. (Lawrence v. Oglesby, 178 Ill. 122; Webster v. Fleming, 178 id. 140). And upon the authority…
2Cases cited2 opinions
- Gage v. SpringerIllinois Supreme Court · 1904
- Lawrence v. OglesbyIllinois Supreme Court · 1899
3Cited by4 opinions
- Wells v. George W. Durst Chevrolet Co.Illinois Supreme Court · 1930
- Evans v. SperryDistrict Court, E.D. Illinois · 1926
- Rostad v. Chicago Suburban Water & Light Co.Appellate Court of Illinois · 1911
- American Mexican Refining Co. v. WetzelAppellate Court of Illinois · 1931