Legal Opinion

Waughop v. Weeks

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 1 opinion

This action was an action of assumpsit, brought in Cook Cpunty Court of Common Pleas, at the November term, A. D. 1858, and was tried before the court and a jury, J. M. Wilson, Judge, presiding. The plaintiffs below declared in indebitatus assumpsit, on common count, for work and labor, and materials furnished.

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This action was an action of assumpsit, brought in Cook Cpunty Court of Common Pleas, at the November term, A. D. 1858, and was tried before the court and a jury, J. M. Wilson, Judge, presiding. The plaintiffs below declared in indebitatus assumpsit, on common count, for work and labor, and materials furnished. The defendant below pleaded the general issue, with notice that work and labor and materials furnished to defendant by plaintiffs, were furnished under special contracts, in writing, between said plaintiffs and defendant, and that plaintiffs had not fulfilled their part of said…

1Opinion of the CourtWalker, J.

The first question presented by this record, is whether the execution of the subsequent agreement under seal, converted the original, unsealed instrument, into a deed, and rendered it inadmissible in evidence. This subsequent memorandum although indorsed upon the paper containing the agreement of the parties, for the construction of the houses, and notwithstanding it referred to the former agreement, and the erection of the buildings, formed no part of the first agreement. It made no change in the terms, conditions or specifications contained in that agreement. It only imposed, or fixed a…

2Cases cited2 opinions

  1. Commonwealth v. WaiteMassachusetts Supreme Judicial Court · 1809
  2. Peirce v. ChaseMassachusetts Supreme Judicial Court · 1812

3Cited by1 opinion

  1. Schofield v. ThomasIllinois Supreme Court · 1908

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