Foster v. McKeown
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First Districty-—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John C. Garver, Judge, presiding. This is a suit on the common counts, brought to this court on appeal from the Appellate Court, to recover the remainder on a contract for extras furnished, and interest.
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Appeal from the Branch Appellate Court for the First Districty-—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John C. Garver, Judge, presiding. This is a suit on the common counts, brought to this court on appeal from the Appellate Court, to recover the remainder on a contract for extras furnished, and interest. The general issue was filed, with a plea of set-off because of damage done the appellant by delay and the expenses by her outlayed because thereof, and for removal of debris and material. On April 28,1892, a written contract was entered into between the…
1Opinion of the CourtJustice Ricks
Appellees insist that this appeal should be dismissed because the judgment appealed from and the amount involved were less than. $1000. As this goes to the jurisdiction of the court it should be first disposed of. ■
Appellees filed their declaration under the common counts, with an ad damnum of $1000, and obtained a judgment for $994.83. Appellant, in addition to the general issue, filed a plea of set-off, claiming $600 for damages for delay in the completion of the work, under the contract, $150 for moneys expended in removing rubbish and material left by appellees on the premises and to be…
2Cases cited6 opinions
- Keeler v. HerrIllinois Supreme Court · 1895
- Foster v. Wadsworth-Howland Co.Illinois Supreme Court · 1897
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Sands v. PotterIllinois Supreme Court · 1896
- Adlard v. MuldoonIllinois Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bush v. JonesCourt of Appeals for the Third Circuit · 1906
- Hemingway v. Skinner Engineering Co.Appellate Court of Illinois · 1969
- Hart v. Carsley Manufacturing Co.Illinois Supreme Court · 1906
- Bloomington Hotel Co. v. GarthwaitIllinois Supreme Court · 1907
- Stewart v. SpaldingHawaii Supreme Court · 1916
16 more not listed; retrieve them via the Exa API.