Folliott v. Hunt
Illinois Supreme Court
This was an appeal from the judgment of a justice of the peace in the county of Peoria, to the Circuit Court of that county. There was a trial by jury, before Powell, Judge, and a verdict and judgment for Hunt against Folliott for $102.20, from which Folliott appealed to this court.
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This was an appeal from the judgment of a justice of the peace in the county of Peoria, to the Circuit Court of that county. There was a trial by jury, before Powell, Judge, and a verdict and judgment for Hunt against Folliott for $102.20, from which Folliott appealed to this court. About the first of July, 1856, Folliott agreed with Hunt, that if he would carry the mail from Farmington to Burlington, for the period of two years, that Hunt should receive therefor, quarterly, from Folliott the post office and treasury orders, from the government to Folliott, for performing that service,…
1Opinion of the CourtCaton, C. J.
The second instruction given for the plaintiff below was wrong. We have repeatedly decided that where work is done under a special contract^ the price of the work must be governed by the stipulations of the contract, although the party may be justified in abandoning the contract, and bringing his action for the quantum meruit of the work. If under the circumstances, the plaintiff has suffered damages by the breach of the contract, over and above the .price of the work fixed by it, he must recover for su'ch breach, but that cannot influence the price he shall recover for the work he has done.
Th…
2Cited by5 opinions
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