City of Alton v. Mulledy
Illinois Supreme Court
This was an action of assumpsit brought in the Madison Circuit Court, by the defendants in error against the plaintiff in error, for work and labor alleged to have been done by the said defendants for the said plaintiff. Plea, the general issue.
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This was an action of assumpsit brought in the Madison Circuit Court, by the defendants in error against the plaintiff in error, for work and labor alleged to have been done by the said defendants for the said plaintiff. Plea, the general issue. The defendants in error, to sustain their suit, introduced Samuel A. Buckmaster, who was- sworn, and testified to the jury that he was one of the directors of the St. Louis, Alton and Chicago Railroad Company, and that said railroad company had contracted with the city of Alton, under an ordinance passed by said city December 5th, 1856, to do certain…
1Opinion of the CourtWalker, J.
It is not claimed that this labor was performed under any express agreement with the city, but it is insisted that the circumstances are such that the law will imply a promise to pay by the city. The city employed the railroad company to construct a levee, and for that purpose authorized them to remove earth from Third and Fourth streets. The company employed defendants in error to perform the labor of constructing the levee, and they went into Langdon street and removed earth which was used in constructing the levee. They were notified by the agent of the company soon after they had…
2Cited by9 opinions
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- City of Chicago v. Shober & Carqueville Lithographing Co.Appellate Court of Illinois · 1880
- Beck v. PuckettTennessee Supreme Court · 1877
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