County of Cook v. Sexton
Appellate Court of Illinois
Appeal from the Circuit Court of Will county; the Hon. J. McRoberts, Judge, presiding. There were origina ly three separate actions of assumpsit brought by the appel ee against the appellant to recover damages occasioned by de !ay to appellee by appellant failing to perform its covenants in three contracts existing between the parties to build portic ns of the court house of appellants, and the three suits were 1 y stipulation of the parties consolidated into one action for…
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Appeal from the Circuit Court of Will county; the Hon. J. McRoberts, Judge, presiding. There were origina ly three separate actions of assumpsit brought by the appel ee against the appellant to recover damages occasioned by de !ay to appellee by appellant failing to perform its covenants in three contracts existing between the parties to build portic ns of the court house of appellants, and the three suits were 1 y stipulation of the parties consolidated into one action for tl. 3 purposes of trial and determination. Formal pleadings wei 3 waived and the several causes as one suit were to be…
1Opinion of the CourtLacey, J.
The defense set up to the right of recovery of the appellee is that the causes of delay was in great part due to the fault of the other contractors and not by appellant, and that as to damages arising from such causes he had, in all his contracts with it, stipulated that he would not claim them.
It is claimed that upon this point the court improperly instructed the jury on the part of the appellee, and erroneously refused to properly instruct on the part of appellant. It is further claimed that the verdict is against the weight of the evidence, in that the jury gave to appellee, by their…
2Cases cited8 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Miller v. MilliganNew York Supreme Court · 1866
- Western Union Railroad v. SmithIllinois Supreme Court · 1874
- Ogden v. KirbyIllinois Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- J. F. Edwards Construction Co. v. Illinois State Toll Highway AuthorityAppellate Court of Illinois · 1975
- J. F. Edwards Construction Co. v. Illinois State Toll Highway AuthorityAppellate Court of Illinois · 1975
- J. F. Edwards Construction Co. v. Illinois State Toll Highway AuthorityAppellate Court of Illinois · 1975