Jones v. Dunton
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. John G. Eooees, Judge, presiding.
1Opinion of the CourtWilson, J.
The two principal questions to be considered are, first, as to the proper construction of the contract, whether it is to be regarded as entire or divisible; and second, if it is to be treated as divisible, what are the plaintiff’s remedies for its breach by the defendant?
As to the first question, the authorities seem to agree that if one contract to do several things at several times, or to pay money by installments at different times, although the contract is contained in a single agreement, it is divisible as respects the remedy, and an action lies for every default. In all such cases,…
2Cases cited16 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Perkins v. HartSupreme Court of the United States · 1826
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hamlin, Hale & Co. v. RaceIllinois Supreme Court · 1875
- Fowler v. ArmourSupreme Court of Alabama · 1854
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3Cited by9 opinions
- Dalton v. American Ammonia Co.Massachusetts Supreme Judicial Court · 1920
- Granow v. AdlerArizona Supreme Court · 1922
- Doherty v. Schipper & Block, Inc.Appellate Court of Illinois · 1910
- Little Butte Consolidated Mines Co. v. GirandArizona Supreme Court · 1912
- City of Jacksonville v. AllenAppellate Court of Illinois · 1887
4 more not listed; retrieve them via the Exa API.