Hennessy v. Metzger
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. This is an action of assumpsit begun on September 13, 1890, by appellants against appellee. The declaration contains the common counts for work done, materials furnished, moneys due and owing for interest, etc.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. This is an action of assumpsit begun on September 13, 1890, by appellants against appellee. The declaration contains the common counts for work done, materials furnished, moneys due and owing for interest, etc. The ad, damnum, is $15,000.00. The pleas are, first, non assumpsit to the whole declaration, which was afterwards stricken out, and defendant deposited with the clerk $1419.20 which was paid to the plaintiffs ;…
1Opinion of the CourtJustice Magruder
The principal question in this case is, whether or not the architects, in fixing the amount of the final certificate, had a right to deduct the item of $1350.00. This amount represented damages for delay at $50.00 per day for 27 days. By the terms of the specifications, the work was to be completed by June 1. It was not completed until July 21. The architect decided, that the appellants were chargeable with 27 days of delay at $50.00 per day between June 18 and July 21. By holding that they were not chargeable with delay until June 18, he held that the delay from June 1 to June 18 was proper…
2Cases cited6 opinions
- Scofield v. TompkinsIllinois Supreme Court · 1880
- Michaelis v. WolfIllinois Supreme Court · 1891
- Consolidated Coal Co. v. PeersIllinois Supreme Court · 1894
- Cushing v. DrewMassachusetts Supreme Judicial Court · 1867
- McAuley v. CarterIllinois Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Baltimore Bridge Co. v. United Railways & Electric Co.Court of Appeals of Maryland · 1915
- Kelly v. FejervarySupreme Court of Iowa · 1900
- Ross v. LoescherMichigan Supreme Court · 1908
- Crane Elevator Co. v. ClarkCourt of Appeals for the Seventh Circuit · 1897
- Arco Bag Co., Inc. v. Facings, Inc.Appellate Court of Illinois · 1958
25 more not listed; retrieve them via the Exa API.