City of Chicago v. A. R. Beck Lumber Co.
Appellate Court of Illinois
Assumpsit, for labor and materials. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the March term, 1900. Statement.—Appellee contracted with appellant to build a plank sidewalk on the east and west side of Vincennes avenue, between Seventy-third and Seventy-fifth streets, for twenty-five cents per lineal foot.
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Assumpsit, for labor and materials. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in this court at the March term, 1900. Statement.—Appellee contracted with appellant to build a plank sidewalk on the east and west side of Vincennes avenue, between Seventy-third and Seventy-fifth streets, for twenty-five cents per lineal foot. The contract provided that the work should be done in accordance with plans prepared and on file in the department of public works of the city of Chicago, and that “ the whole of the work shall be commenced and…
1Opinion of the CourtJustice Sears
It seems clear that no recovery could be had upon the basis of the written contract, for it appears from the evidence and the admissions of counsel that an assessment was levied and collected to pay for the improvement upon the street in the town of Lake, according to the terms of the contract, and that appellee has been paid therefor upon the contract for the work done upon that street. So far as the written contract is concerned and the assessment which, according to its terms, was to be levied and collected, and from which appellee was to be paid the sum contracted for, it has been…
2Cases cited8 opinions
- City of East St. Louis v. East St. Louis Gas Light & Coke Co.Illinois Supreme Court · 1881
- City of Chicago v. SextonIllinois Supreme Court · 1885
- Maher v. City of ChicagoIllinois Supreme Court · 1865
- Badger v. Inlet Drainage DistrictIllinois Supreme Court · 1892
- Sexton v. City of ChicagoIllinois Supreme Court · 1883
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3Cited by2 opinions
- George W. Condon Co. v. Board of County Com'rsWyoming Supreme Court · 1940
- Robinson v. Village of Park RidgeAppellate Court of Illinois · 1902