Cook v. Hunt
Illinois Supreme Court
Suit commenced by Edwin Hunt against Isaac Cook, by summons. Declaration contains only the common counts for work and labor done, and materials furnished, money lent and paid, money had and received; goods, wares and merchandise sold and delivered, and labor, care and diligence bestowed. Damage, $3,500. Plea, general issue.
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Suit commenced by Edwin Hunt against Isaac Cook, by summons. Declaration contains only the common counts for work and labor done, and materials furnished, money lent and paid, money had and received; goods, wares and merchandise sold and delivered, and labor, care and diligence bestowed. Damage, $3,500. Plea, general issue. Cause tried before Van H. Higgins, Judge, and a jury, and verdict for $1,678.83. Motion for new trial overruled, and judgment upon verdict; and appeal prayed and allowed. On the trial, the plaintiff introduced Carlton Drake, who, being duly sworn, testified as follows:…
1Opinion of the CourtBreese, J.
We think the evidence in this case can leave but little, if any doubt, that Hunt was the real contractor for the work for which he has recovered this judgment. Leaving out of view the testimony of Olmstead, the architect, which is contradicted by Drake, and his veracity shaken by a large number of witnesses; and taking into consideration the fact that the appellant saw Hunt nearly every day at work at plumbing, inspected the work, and that Christopher worked in copper, and was not a plumber, and had the copper work to execute, we can arrive at no other conclusion than that Hunt was the…
2Cited by5 opinions
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