Legal Opinion

Cunningham v. Alexander

Appellate Court of Illinois

Decided April 4, 1895PublishedCited by 1 opinion

Assumpsit.—Breach of contract. In the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, présiding. Trial by the court;. finding and judgment for plaintiff; error by defendant. Heard in this court at the October term, 1894.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

The damages awarded in this cause being in excess of the ad da/ranum of the declaration, it is insisted that for this reason the judgment must be reversed. ¡No such objection was made in the court below; it therefore can not be . . urged in this court. Had it been presented in the Superior Court, it could easily have been obviated by amendment. Utter v. Jaffray, 15 Ill. App. 236; 114 Ill. 470.

The case was first tried before his Honor, Judge Gary, without a jury, but Judge Gary having been transferred to the Appellate Court…

2Cases cited2 opinions

  1. Utter v. E. S. Jaffray & Co.Illinois Supreme Court · 1885
  2. Utter v. JaffrayAppellate Court of Illinois · 1884

3Cited by1 opinion

  1. Wheatley, Buck & Co. v. Chicago Trust & Savings BankAppellate Court of Illinois · 1896

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