C. J. L. Myer & Sons Co. v. Davies
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Lorin C. Collins, Judge, presiding. This was an action by appellee, Davies, against the ap]7ellant corporation, to recover damages for the breach of an alleged contract, whereby the latter undertook to cause to he made for the former and to deliver to him at a certain building, which plaintiff, as contractor with one W. E. Bollo, was constructing, the doors, sash and blinds for such building.
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Appeal from the Circuit Court of Cook county; the Hon. Lorin C. Collins, Judge, presiding. This was an action by appellee, Davies, against the ap]7ellant corporation, to recover damages for the breach of an alleged contract, whereby the latter undertook to cause to he made for the former and to deliver to him at a certain building, which plaintiff, as contractor with one W. E. Bollo, was constructing, the doors, sash and blinds for such building. The declaration contained several special counts upon the contract, in some of which a specified time for the delivery was averred; and, in others,…
1Opinion of the CourtMcAllister, J.
It is well settled law, that in order to recover damages which are not the necessary result of the breach of a contract or a tort, they must be specially set out in the declaration. Olmstead v. Burke, 25 Ill. 86; City of Chicago v. O’Brennan, 65 Ill. 160; Bristol Manufacturing Co. v. Gridley, 28 Conn. 201; Warner v. Bacon, 8 Gray, 397; Hunter v. Stewart, 47 Maine, 417. The elementary rule is this: “But where the damages, though the natural consequences of the act complained of, are not the necessary result of it, they are termed special damages; which the law does not imply, and therefore in…
2Cases cited4 opinions
- City of Chicago v. O'BrennanIllinois Supreme Court · 1872
- Olmstead v. BurkeIllinois Supreme Court · 1860
- Bristol Manufacturing Co. v. GridleySupreme Court of Connecticut · 1859
- Teagarden v. HetfieldIndiana Supreme Court · 1859
3Cited by4 opinions
- Fleming v. Railroad Co.West Virginia Supreme Court · 1902
- Bissel v. Eastern Illinois Utility Co.Appellate Court of Illinois · 1921
- O'Connor v. PrendergastAppellate Court of Illinois · 1902
- West Chicago St. R. R. v. LevyAppellate Court of Illinois · 1899