Brigham v. Hawley
Illinois Supreme Court
The declaration in this case embraced three special counts on the contract, and the general counts for work and labor, and qucmtum meruit. The special counts averred that Hawley was to quarry stone for wages, after the rate of eighty cents per yard; that he excavated, grubbed and stripped the earth, preparatory to quarrying, &e., and one of the counts stated the contract at length.
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The declaration in this case embraced three special counts on the contract, and the general counts for work and labor, and qucmtum meruit. The special counts averred that Hawley was to quarry stone for wages, after the rate of eighty cents per yard; that he excavated, grubbed and stripped the earth, preparatory to quarrying, &e., and one of the counts stated the contract at length. The defendants below pleaded the general issue, with a notice that they should prove that Hawley had been overpaid; and that a large quantity of quarrying tools had been delivered to Hawley, which he was to…
1Opinion of the Court
Catón, J.
This action was brought for the work and labor of opening a stone quarry, and for quarrying stone. It appears that a contract was made between the parties, that the plaintiff should quarry stone for the defendants, without specifying the quantity, for which he should receive a stipulated price per yard, the defendants to furnish tools, which were to be kept in order by the plaintiff, who was also to load the stone on to the defendants’ wagons. After the plaintiff had opened the quarry and had got out a considerable amount of stone, the defendants dismissed him and took possession of…
2Cases cited1 opinion
- Stow v. YarwoodIllinois Supreme Court · 1853
3Cited by4 opinions
- Grover & Baker Sewing Machine Co. v. BulkleyIllinois Supreme Court · 1868
- McConaughy v. MahannahAppellate Court of Illinois · 1888
- Cunnea v. WilliamsAppellate Court of Illinois · 1882
- Lyon v. BryantAppellate Court of Illinois · 1894