Spencer v. Dougherty
Appellate Court of Illinois
Appeal from the Circuit Court of Pulaski County; the Hon. Bobebt W. MoCabtney, Judge, presiding. This action was brought upon a general indebitatus assumpsit for work and labor performed by the appellee for the appellant in clearing a piece of land and a roadway, and for one frame house claimed to have been sold. There being no evidence to support the count for the house the court directed the jury to disregard it, and the verdict went upon the other counts for the appellee.
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Appeal from the Circuit Court of Pulaski County; the Hon. Bobebt W. MoCabtney, Judge, presiding. This action was brought upon a general indebitatus assumpsit for work and labor performed by the appellee for the appellant in clearing a piece of land and a roadway, and for one frame house claimed to have been sold. There being no evidence to support the count for the house the court directed the jury to disregard it, and the verdict went upon the other counts for the appellee. The pleas were non assumpsit, with notice of set-off and a claim for damages arising out of the failure of appellee to…
1Opinion of the CourtPillsbury, J.
The point was urged upon argument that there was a variance between the amount of the verdict and the judgment of this court, but upon examining the amended record we find that the seeming discrepancy was caused by a clerical error in copying the verdict into the transcript of the record, and as now appearing there is no variance.
It was next urged that no recovery pan be had upon the common indebitatus assumpsit counts, as there existed a special contract between the parties, and appellee should therefore have declared specially. It is well settled that when a special contract has been…
2Cases cited8 opinions
- Pennsylvania Co. v. ConlanIllinois Supreme Court · 1881
- Adlard v. MuldoonIllinois Supreme Court · 1867
- Lane v. AdamsIllinois Supreme Court · 1857
- Estep v. FentonIllinois Supreme Court · 1873
- Taylor v. RennIllinois Supreme Court · 1875
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3Cited by5 opinions
- Amsler v. BrunerAppellate Court of Illinois · 1912
- Spiro v. CableAppellate Court of Illinois · 1928
- Galbraith v. Chicago Architectural Iron WorksAppellate Court of Illinois · 1893
- Fred W. Wolf Co. v. Monarch Refrigerating Co.Appellate Court of Illinois · 1911
- Steinhoff v. Electric Light & Power Co. of CentraliaAppellate Court of Illinois · 1893