Shepard v. Mills

Appellees recovered a judgment in the Superior Court of Cook county, against appellant, for the balance claimed to be due on a special contract, under which they had put into the building of appellant a heating apparatus. This judgment has been affirmed by the Appellate Court, and a certificate of importance granted.

The action was assumpsit on the common counts, and it is urged that a recovery could not legally be had without declaring specially upon the contract. The law is well settled that where the contract has been performed and nothing remains to be done but to pay the amount due under…