City of Chicago v. Sexton
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. Sidney Smith, Judge, presiding. This is assumpsit, by Patrick J. Sexton, against the city of Chicago, brought in the Superior Court of Cook county, for a balance claimed to be due for work done and materials furnished by him, and used and appropriated by the city in the construction of the iron work for the new city hall.
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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. Sidney Smith, Judge, presiding. This is assumpsit, by Patrick J. Sexton, against the city of Chicago, brought in the Superior Court of Cook county, for a balance claimed to be due for work done and materials furnished by him, and used and appropriated by the city in the construction of the iron work for the new city hall. The declaration contains the common counts only. The city pleaded non-assumpsit. By agreement of parties, the cause was submitted to the…
1Opinion of the CourtJustice Scholfield
When this ease was before us at a former term, (Sexton v. City of Chicago, 107 Ill. 323,) the only question considered or decided related to the rule of law applied by the Superior Court to the facts before it in determining what was the contract between Sexton and the city. That court had, in rendering judgment, as the record disclosed, held that the city could not be estopped to deny that the plans and tracings furnished to Sexton by those in charge of the office of the department of public works, upon which to make estimates for his bid or proposals, and, afterwards, to work by, were the…
2Cases cited3 opinions
- Sexton v. City of ChicagoIllinois Supreme Court · 1883
- Folliott v. HuntIllinois Supreme Court · 1859
- Lincoln v. SchwartzIllinois Supreme Court · 1873
3Cited by48 opinions
- Cawthorn v. City of HoustonTexas Commission of Appeals · 1921
- Melin v. Community Consolidated School District No. 76Illinois Supreme Court · 1924
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Gathemann v. City of ChicagoIllinois Supreme Court · 1914
- Little v. City of PortlandOregon Supreme Court · 1894
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