Gilmore v. Courtney
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. George F. Blanks, Judge, presiding. Appellee instituted his action of assumpsit, against appellant, on a building contract, filing the common counts only. Subsequently, and before trial, he filed a special count.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. George F. Blanks, Judge, presiding. Appellee instituted his action of assumpsit, against appellant, on a building contract, filing the common counts only. Subsequently, and before trial, he filed a special count. The special count, after setting up this contract, alleges that, notwithstanding said contract, said defendant, acting under the direction of said architect, who fraudulently acted as the agent and attorney for said defendant and entirely failed to…
1Opinion of the CourtJustice Phillips
By the amendment to section 35 of the law in relation to liens, approved January 16, 1887, in force at the time this contract was entered into and the work done thereunder, it was incumbent on the contractor to render the statement under oath, as required by that amendment, as a condition precedent to the right of action against the owner. No compliance therewith being shown, the motion to find for defendant, made at the close of plaintiff’s case, should have been allowed. That motion renewed at the close of all the evidence should also have been allowed.
When parties to a building contract…
2Cases cited5 opinions
- Michaelis v. WolfIllinois Supreme Court · 1891
- McAuley v. CarterIllinois Supreme Court · 1859
- McAvoy v. LongIllinois Supreme Court · 1851
- Snell v. BrownIllinois Supreme Court · 1873
- Keiser v. CoxIllinois Supreme Court · 1886
3Cited by21 opinions
- Voigt v. KerstenIllinois Supreme Court · 1896
- City of Granville v. Kovash, IncorporatedNorth Dakota Supreme Court · 1962
- Halvorson v. Blue Mountain Prune Growers CooperativeOregon Supreme Court · 1950
- Crane Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1897
- Provost v. ShirkIllinois Supreme Court · 1906
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