Mills v. Weeks
Illinois Supreme Court
This action, assumpsit, was brought in the Cook County Court of Common Pleas, and at the September term, 1858, was tried before the court and a jury. The declaration contains two special counts and the common counts. The counts upon contracts are for the recovery of balance of price upon the completion of the work. The defendant pleaded the general issue, and a plea of set-off.
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This action, assumpsit, was brought in the Cook County Court of Common Pleas, and at the September term, 1858, was tried before the court and a jury. The declaration contains two special counts and the common counts. The counts upon contracts are for the recovery of balance of price upon the completion of the work. The defendant pleaded the general issue, and a plea of set-off. The two special counts in the declaration are framed upon two several special contracts, containing the same identical provisions, and differing only in the work to be done and the price to be paid for such work. Both…
1Opinion of the CourtWalker, J.
The first assignment of error, questions the correctness of the decision of the court below, in excluding the statement on the opposite side of the paper, containing the certificate of the superintendent. It is insisted that this statement was admissible under this provision of the contract of the parties, that Boyington, or his assistant architect, should be the superintendents of the work, for the owner, which provides that “ their duties will consist in giving, on demand, such interpretations, either in language, writing or drawing, as in their judgment,
' the nature of the work may…
2Cited by4 opinions
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- Heberlein v. WendtAppellate Court of Illinois · 1902