Compton v. Payne

This was assumpsit, upon the common counts, brought in the Cook circuit court, by William Payne, against Livingston Compton, to recover for work and labor upon an implied undertaking.

Issue having been joined upon the plea of non-assumpsit, on trial by jury, there was a verdict for the plaintiff, on which the court, overruling defendant’s motion for a new trial, gave judgment- The evidence and exceptions upon the trial having been preserved by bill of exceptions, the defendant brings the case here by appeal.

From the evidence, it appears that the recovery was based upon an implied assumpsit,…