Shine v. Kennealy
Appellate Court of Illinois
Assumpsit, for services in repairing a roof. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge presiding.
1Opinion of the CourtJustice Ball
We have here the case of two innocent persons, one of whom must suffer a loss. That loss should and will fall upon the one who brought about the injury.
If appellant, without any want of due care upon his part, made a contract with John Kennealy as principal to do this work for an agreed price, and the work was done without any knowledge or negligent want of knowledge upon the part of appellant that it was not done by John Kennealy, and he paid the contract price therefor to John Kennealy without knowledge or negligent want of knowledge upon his part of any claim for the same upon the part of…
2Cases cited3 opinions
- Saladin v. MitchellIllinois Supreme Court · 1867
- Eclipse Wind Mill Co. v. ThorsonSupreme Court of Iowa · 1877
- Peel v. ShepherdSupreme Court of Georgia · 1877