Haunroth v. Peters
Appellate Court of Illinois
’ Memorandum.—Action of assumpsit in the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Declaration in assumpsit; pleas, general issue and set-off; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the March term, A. D. 1893.
1Opinion of the Court
Opinion of the Court,
Shepard, J.
This was a suit in assumpsit for a balance claimed to be due to appellee under a contract for the construction of certain buildings, and for extra work and materials.
The pleas were non-assumpsit, and set-off.
The contract between the parties made the architect the superintendent, and called for payments to be made on certificates by him, as the work progressed, to the extent of eighty-five per cent of its estimated value, and the remainder on completion to the satisfaction of the superintendent; and it was provided that before the superintendent should make his…
2Cases cited3 opinions
- Moshier v. ShearIllinois Supreme Court · 1881
- Korf v. LullIllinois Supreme Court · 1873
- Catlett v. DoughertyIllinois Supreme Court · 1885
3Cited by4 opinions
- Beattie v. McMullenSupreme Court of Connecticut · 1909
- Kleinschnittger v. DorseyAppellate Court of Illinois · 1910
- Connelly v. WallinAppellate Court of Illinois · 1913
- Cody v. SchwillAppellate Court of Illinois · 1939