McArthur Bros. v. Whitney
Illinois Supreme Court
Appeal from the Appellate Court for the Third District; — heard in that court on appeal from the Circuit Court of Champaign county; the Hon.' Francis M. Wright, Judge, presiding. This was an action of assumpsit brought by the plaintiff, against the defendant, in the circuit court of Champaign county, to recover the contract price of ten cents per cubic yard for doing the grading for double-tracking the Illinois Central railroad for a distance of about three miles.
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Appeal from the Appellate Court for the Third District; — heard in that court on appeal from the Circuit Court of Champaign county; the Hon.' Francis M. Wright, Judge, presiding. This was an action of assumpsit brought by the plaintiff, against the defendant, in the circuit court of Champaign county, to recover the contract price of ten cents per cubic yard for doing the grading for double-tracking the Illinois Central railroad for a distance of about three miles. The declaration contained two special counts and the common count of indebitatus assumpsit for work and' labor. The defendant…
1Opinion of the CourtJustice Hand
The brief and argument filed by the appellant in this court is the brief and argument filed in the Appellate Court, with a new cover, and an addendum criticising the opinion of the Appellate Court. The practice of re-filing in this court the brief and argument filed in the Appellate Court has been repeatedly condemned by this court,. (Weber v. Hertz, 188 Ill. 68; Daum v. Cooper, 200 id. 538;) and the judgment of the court below might well be affirmed for an infraction of rule 15 of this court. The case will, however, be disposed of upon its merits.
It is contended that a recovery cannot be had…
2Cases cited2 opinions
- Union Elevated Railroad v. NixonIllinois Supreme Court · 1902
- Weber v. HertzIllinois Supreme Court · 1900
3Cited by3 opinions
- Schmahl v. Aurora National BankAppellate Court of Illinois · 1941
- Godfrey v. BrownAppellate Court of Illinois · 1967
- Fuhrer v. StateCourt of Claims of Illinois · 1955