Henry v. Heldmaier
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. On February 8, i8gg, J. C. Regan and John F. Quinn entered into a written contract with Ernst Heldmaier for the performance of certain work on the sanitary canal therein described.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. On February 8, i8gg, J. C. Regan and John F. Quinn entered into a written contract with Ernst Heldmaier for the performance of certain work on the sanitary canal therein described. The work was to be done under the direction and to the satisfaction of the engineer of the sanitary district Time was of the essence of the contract, and Regan and Quinn were to maintain on the work sufficient workmen and machinery to perform in…
1Opinion of the CourtJustice Wilkin
The first question is as to the sufficiency of the amended declaration. It is insisted that the declaration is double, and that the cause of action therein stated is based not only upon the bond, but also upon the judgment rendered in the chancery case. Duplicity in a declaration consists in joining in one and the same count different' grounds of action of different natures, or of the same nature, to enforce only a single right of recovery. (Chicago West Division Railway Co. v. Ingraham, 131 Ill. 659.) We do not think the claim of duplicity can be maintained against the declaration in this…
2Cases cited5 opinions
- Grommes v. St. Paul Trust Co.Illinois Supreme Court · 1893
- Drennan v. BunnIllinois Supreme Court · 1888
- Chicago West Division Railway Co. v. IngrahamIllinois Supreme Court · 1890
- Wanack v. PeopleIllinois Supreme Court · 1900
- Meyer v. PurcellIllinois Supreme Court · 1905
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- Trustees of First Presbyterian Church v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1916