Buskirk v. Murden
Illinois Supreme Court
This action was commenced before a justice of the peace, of Peoria county, and taken by appeal to the County Court of Peoria county, and tried at January term, 1859. The account filed before the justice was as follows: James Murden, To Lawrence Van Buskirk, Dr. To money paid, laid out and expended, and given to said Murden.......$100.00 To damages sustained by the non-performance of contract, with regard to plastering, etc.................................................…
Read the full summary
This action was commenced before a justice of the peace, of Peoria county, and taken by appeal to the County Court of Peoria county, and tried at January term, 1859. The account filed before the justice was as follows: James Murden, To Lawrence Van Buskirk, Dr. To money paid, laid out and expended, and given to said Murden.......$100.00 To damages sustained by the non-performance of contract, with regard to plastering, etc................................................. 200.00 $300.00 On the the trial of said cause in the County Court, the plaintiff introduced witnesses who proved that…
1Opinion of the CourtBreese, J.
There is no difficulty about this case. The plaintiff has shown by the testimony, a clear right to recover of defendant for not performing his contract to do a good job of plastering for him, and would doubtless have so recovered, had not the court misdirected the jury as to the law of the case.
Defects in plastering are not, at the moment the job is finished, generally discoverable, and a proprietor may well express himself satisfied with the work from the appearance of it. Time, as it does all things, tries such jobs as that, and a few days or weeks may determine the question whether it is a…
2Cited by12 opinions
- Broyles v. Brown Engineering Co.Supreme Court of Alabama · 1963
- Med-Mar, Inc. v. DILWORTHSuperior Court of Pennsylvania · 1969
- Spokane County v. Pacific Bridge Co.Oregon Supreme Court · 1923
- Concord Apartment House Co. v. O'BrienIllinois Supreme Court · 1907
- Seaside, City of v. RandlesOregon Supreme Court · 1919
7 more not listed; retrieve them via the Exa API.