Andrew Lohr Bottling Co. v. Ferguson
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Alexander county; the Hon. William N. Butler, Judge, presiding. An action of assumpsit was brought by appellee against appellant to recover a balance alleged to be due upon a written contract for the erection of a factory building in Cairo, Illinois.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Alexander county; the Hon. William N. Butler, Judge, presiding. An action of assumpsit was brought by appellee against appellant to recover a balance alleged to be due upon a written contract for the erection of a factory building in Cairo, Illinois. The case was tried in the Alexander county circuit court and the jury rendered a verdict for appellee for $5485.74, the full amount claimed, with all charges for extra work, and interest. Appellee entered a remittitur for $135.74,…
1Opinion of the CourtJustice Vickers
First—Appellant contends that the suit was brought prematurely. This is based on the provision of the contract above quoted, which provides that the balance shall be due within ten days after the building is completed, and after a certificate that the premises are “at the present time, when payment is made, free from all mechanics’ liens and other claims chargeable upon said building or estate, incurred by the party of the first part.” Appellant contends that this certificate should have been presented ten days before the suit was brought, when, in fact, it was only served two days before the…
2Cases cited1 opinion
- McAuley v. CarterIllinois Supreme Court · 1859
3Cited by12 opinions
- John J. Calnan Co. v. Talsma Builders, Inc.Illinois Supreme Court · 1977
- Collins v. RamishCalifornia Supreme Court · 1920
- Edward Edinger Co. v. WillisAppellate Court of Illinois · 1931
- Hansell-Elcock Co. v. Frankfort Marine Accident & Plate Glass InsuranceAppellate Court of Illinois · 1913
- Sheldon v. Chicago Bonding & Surety Co.Supreme Court of Iowa · 1921
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