City of Chicago v. Stuart
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. William A. Postee, Judge, presiding. This was an action of assumpsit, brought in the court below by Stuart and Gray, for the use of McKickaw, against the city of Chicago, to recover for work and labor done by the plaintiffs, for the city, in the filling, grading, curbing and paving of a portion of Wabash avenue.
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Appeal from the Superior Court of Chicago; the Hon. William A. Postee, Judge, presiding. This was an action of assumpsit, brought in the court below by Stuart and Gray, for the use of McKickaw, against the city of Chicago, to recover for work and labor done by the plaintiffs, for the city, in the filling, grading, curbing and paving of a portion of Wabash avenue. The work was done under a contract with the city, which, after setting forth the amounts to be paid for the work, provided for the mode of payment as follows: “ Said sums of money are payable out of the special assessment or…
1Opinion of the CourtChief Justice Breese
The only points made on this record are, as to the admission of evidence on behalf of appellees, showing the amount of damages collected on the warrant in the hands of the collector prior to his application for and the rendition of the judgment, and the instruction of the court in relation thereto.
These points must be decided in favor of appellees. There is no pretense in law, justice or honesty favorable to the position appellant has assumed. It was specially agreed by the city, when the contract was made with appellees, that they should have not only a specified sum of money for the paving,…
2Cases cited1 opinion
- Scammon v. City of ChicagoIllinois Supreme Court · 1867
3Cited by1 opinion
- City of Chicago v. McGovernIllinois Supreme Court · 1907