Keeler v. Clifford
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. James Goggin, Judge, presiding. This is an action, brought by appellee against appellant to recover an amount claimed to be due by the latter to the former for a certain grading or leveling, alleged to have been done under the contract hereinafter set forth.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. James Goggin, Judge, presiding. This is an action, brought by appellee against appellant to recover an amount claimed to be due by the latter to the former for a certain grading or leveling, alleged to have been done under the contract hereinafter set forth. It is admitted that, before the work was abandoned, Keeler had paid Clifford $2400.00. It is alleged, however, that Keeler refused to pay any more upon the contract. The case was tried before a jury, and…
1Opinion of the CourtChief Justice Magruder
It is assigned as error, that the court instructed the jury in behalf of the appellee, that, if they believed from the evidence that, by the terms of the contract, the defendant Keeler agreed to pay the plaintiff $5000.00 for doing the grading or leveling therein described, at the times and in the manner therein stated, and that the defendant neglected and refused to make such payments at the time the plaintiff was entitled to receive the same (if they should believe from the evidence that the plaintiff was so entitled), then that the plaintiff was justified in abandoning his contract, and…
2Cases cited4 opinions
- Streeter v. StreeterIllinois Supreme Court · 1867
- Bank of Antigo v. Union Trust Co.Illinois Supreme Court · 1894
- Palm & Robertson v. Ohio & Mississippi RailroadIllinois Supreme Court · 1856
- Evans v. Chicago & Rock Island RailroadIllinois Supreme Court · 1861
3Cited by47 opinions
- Kaplan v. KeithAppellate Court of Illinois · 1978
- Sterling v. GregoryCalifornia Supreme Court · 1906
- Candalaus Chicago, Inc. v. Evans Mill Supply Co.Appellate Court of Illinois · 1977
- Kel-Keef Enterprises, Inc. v. Quality Components Corp.Appellate Court of Illinois · 2000
- State Ex Inf. McKittrick v. KirbySupreme Court of Missouri · 1942
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