Siegel, Cooper & Co. v. Eaton & Prince Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court ou appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. This is an action by appellee, against appellant, begun in the circuit court of Cook county, to recover money due appellee under a contract to construct an elevator in a building belonging to appellant, which was destroyed during the progress of the work.
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Appeal from the Appellate Court for the First District;—heard in that court ou appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. This is an action by appellee, against appellant, begun in the circuit court of Cook county, to recover money due appellee under a contract to construct an elevator in a building belonging to appellant, which was destroyed during the progress of the work. The whole contract price was $2500, payable as the work progressed, as follows: One-half when engine is on foundation, and final payment to be due and payable when the elevator…
1Opinion of the CourtJustice Wilkin
It is insisted that the court erred in holding the propositions set forth in the statement and in refusing counter propositions asked by appéllant, its contention being that the contract is an entire one, and, the building in which the elevator was to be placed having been destroyed by fire before the time for final payment, without any fault of either party, no recovery for the work done or materials furnished could be had.
As will be seen from the plaintiff’s declaration, it proceeded on two theories: First, that the contract was not an entire one, so far as the payments were concerned; and…
2Cases cited4 opinions
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Cleary v. SohierMassachusetts Supreme Judicial Court · 1876
- Brumby v. SmithSupreme Court of Alabama · 1841
- Rawson v. ClarkIllinois Supreme Court · 1873
3Cited by16 opinions
- Krause v. Brd. of Trustees of the School CrothersvilleIndiana Supreme Court · 1904
- Martin Emerich Outfitting Co. v. Siegel, Cooper & Co.Illinois Supreme Court · 1908
- Huyett & Smith Manufacturing Co. v. Chicago Edison Co.Illinois Supreme Court · 1897
- State Ex Rel. Dolman v. Dickey.Supreme Court of Missouri · 1921
- Bairstow v. Northwestern UniversityAppellate Court of Illinois · 1936
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