Dolese v. McDougall
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. Theodore Brentano, Judge, presiding. The firm of McDougall & Hammond was engaged in the business of contracting for street work, in which they employed labor and used materials for plumbing, grading, paving, etc.
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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. Theodore Brentano, Judge, presiding. The firm of McDougall & Hammond was engaged in the business of contracting for street work, in which they employed labor and used materials for plumbing, grading, paving, etc. They had made a contract with the village of South Evanston for curbing, grading and paving certain of its streets, including West Lincoln avenue. In October, 1891, the firm was found to be financially unable to complete its contracts and meet its…
1Opinion of the CourtJustice Wilkin
If it could be held that there was a valid agreement entered into by the parties at the meeting of November 5, as alleged in the cross-bill, that conclusion would dispose of all issues made on the original bill, hence that branch of the case naturally arises first. While the master reported to the circuit court that the evidence established such an agreement, the court, on exceptions and objections to his report, overruled the finding and dismissed the cross-bill, and that decision has been affirmed by the Appellate Court, both holding that the evidence on that subject failed to prove that…
2Cases cited4 opinions
- Medsker v. BonebrakeSupreme Court of the United States · 1883
- Hurd v. GoodrichIllinois Supreme Court · 1871
- Savage v. GreggIllinois Supreme Court · 1894
- Hanchett v. GardnerIllinois Supreme Court · 1891
3Cited by5 opinions
- What Cheer Savings Bank v. MowerySupreme Court of Iowa · 1910
- Golsen v. GolsenAppellate Court of Illinois · 1906
- Murrie v. HarperAppellate Court of Illinois · 1928
- Clinton v. WinnardAppellate Court of Illinois · 1907
- Lauterjung v. Chicago Title & Trustee Co.Appellate Court of Illinois · 1910