Mueller v. Northwestern University
Illinois Supreme Court
Appeal from the Appellate Court for the First District;-—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. This is an appeal by John M. Mueller, Jr., from a judgment of the Appellate Court for the 'First District affirming a decree of the circuit court of Cook county dismissing his. cross-bill for want of equity and overruling exceptions filed by him to the master’s report.
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Appeal from the Appellate Court for the First District;-—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. This is an appeal by John M. Mueller, Jr., from a judgment of the Appellate Court for the 'First District affirming a decree of the circuit court of Cook county dismissing his. cross-bill for want of equity and overruling exceptions filed by him to the master’s report. On the 28th day of May, 1898, the Northwestern University exhibited in the circuit court of Cook county its bill of interpleader against John M. Mueller, Jr.,…
1Opinion of the CourtJustice Hand
It is first contended, the assignment to Mueller being in express violation of the terms of the contract, as against the university the assignment is void, and that Mueller is entitled to no relief by virtue of said assignment, as against the university, even in a court of equity. The contract between the university and Sammis in express terms provides that the contractor shall not sell, assign, transfer or set over said contract, or any part thereof or interest therein, unto any person or persons whomsoever, without the consent, in writing, of the architects previously had and obtained…
2Cases cited5 opinions
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- La Rue v. GroezingerCalifornia Supreme Court · 1890
- City of Omaha v. Standard Oil Co.Nebraska Supreme Court · 1898
- Shultz & Co. v. Johnson's AdministratorCourt of Appeals of Kentucky · 1845
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