Zapel v. Ennis
Appellate Court of Illinois
Assumpsit, for work and labor. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901.
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the court.
When, under' a special contract, nothing remains to be done but to pay that due under the agreement, a recovery may be had under the common count for work and labor. Shepard v. Mills, 70 Ill. App. 72.
When a special contract is at an end, either by its terms or by the subsequent consent of the parties, or by the unjustifiable conduct of the defendant, indebitatus assumpsit will lie. Hill v. Green, 4 Pickering, 114; Munroe v. Perkins, 9 Pickering, 298; Goodrich v. Lafflin, 1 Pickering, 57; Moulton v. Trask, 9 Metcalf, 577; White…
2Cases cited1 opinion
- Shepard v. MillsAppellate Court of Illinois · 1897
3Cited by1 opinion
- Greer v. Shell Petroleum Corp.Appellate Court of Illinois · 1935