City of Chicago v. Conway

The appellee recovered judgment in the Circuit Court of Cook county February 4, 1907, against the appellant for $20,176.17. This judgment was entered on a finding by the trial judge, by whom the cause was heard without a jury on a stipulation of facts entered into by the parties. The essential facts shown in this stipulation will appear in this opinion. The suit was in assumpsit and the declaration on the common counts, to which the general issue of non-assumpsit was pleaded, but by the stipulation on which the ease was tried it was agreed that under the common-counts and general issue each…