Estate of Smythe v. Evans
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. Charles G. Neely, Judge, presiding. ' Appellee, on September 21, 1899, filed his claim for $125,000 in the probate court of Cook county against the -estate of Andrew E. Smythe, deceased. That court, after hearing the evidence, entered an order disallowing the claim.
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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. Charles G. Neely, Judge, presiding. ' Appellee, on September 21, 1899, filed his claim for $125,000 in the probate court of Cook county against the -estate of Andrew E. Smythe, deceased. That court, after hearing the evidence, entered an order disallowing the claim. Evans appealed to the circuit court of Cook •county, where- the case was tried before a jury and a verdict was rendered in favor of appellee for $82,760.97. Motions for a new trial and in arrest of…
1Opinion of the CourtJustice Scott
A contract for the erection of a gas plant was made between the Universal Gas Company, as party of the first part, and Andrew E. Smythe, as party of the second part, and provides that it is “to be built and constructed under the supervision of C. H. Evans, engineer, and in case of his death, removal or disability, then under such other engineer as may be designated by said party of the first part, which said engineer shall pass upon the sufficiency of the work done under said contract. The workmanship and material to be first-class in all respects, and the work to be done to the satisfaction…
2Cases cited12 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Brooks v. MartinSupreme Court of the United States · 1864
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- Gilman, Clinton & Springfield Railroad v. KellyIllinois Supreme Court · 1875
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3Cited by16 opinions
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- Ellison v. Adams Express Co.Illinois Supreme Court · 1910
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