Springdale Cemetery Ass'n v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. A. L. Mérrimas, Judge, presiding. Job Smith and Hiram Pierce, in the year 1856, being brick masons by trade, entered into a contract with the Springdale Cemetery Association, for the erection of a vault upon the grounds of the Association.
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Appeal from the Circuit Court of Peoria county; the Hon. A. L. Mérrimas, Judge, presiding. Job Smith and Hiram Pierce, in the year 1856, being brick masons by trade, entered into a contract with the Springdale Cemetery Association, for the erection of a vault upon the grounds of the Association. The terms of the contract, and dimensions of the vault were fixed by certain plans and specifications, and the following writing appended thereto: “Contractor to furnish materials and finish work, except front door and stone sill and copings. Walls to be of good hard bricks, twenty inches in breadth.…
1Opinion of the CourtJustice Walker
It is insisted that the court erred in not permitting Lightner to testify on the trial below. He was one of the corpora-tors of the company, he was one of the purchasers of the land upon which the cemetery was laid out, and for which he gave his note for one thousand dollars, for the payment of which he was still liable. He and the other purchasers were to be reimbursed their outlay from the proceeds of the sales of lots for burial purposes, after defraying the costs of improvements, and other expenses. And, after paying for the grounds and making improvements, he was to receive one-third of…
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