Lesher v. United States Fidelity & Guaranty Co.
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 Flon. AxEL Chytraus, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the. First District affirming a judgment of the superior court of Cook county in favor of appellee, defendant below, against appellant, plaintiff below, for costs. Appellant employed one Henry W. Schleuter to erect a building.
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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 Flon. AxEL Chytraus, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the. First District affirming a judgment of the superior court of Cook county in favor of appellee, defendant below, against appellant, plaintiff below, for costs. Appellant employed one Henry W. Schleuter to erect a building. The contract provided that Schleuter would complete the building in accordance with the specifications on or before December 15 1902, and that…
1Opinion of the CourtJustice Farmer
Appellant contends that by pleading to the declaration after the demurrer was overruled the appellee waived all objection to the declaration; that the sufficiency of the declaration was conclusively determined by the judgment overruling the demurrer to it, and that the question of the limitation in the contract could not again be raised by plea. In actions at law it is not in accordance with the rules of pleading for the plaintiff to anticipate and attempt to answer or avoid a possible defense that might be interposed by plea. He is only required to state his cause of complaint, and anything…
2Cases cited6 opinions
- Johnson v. Humboldt InsuranceIllinois Supreme Court · 1878
- Higgins v. HalliganIllinois Supreme Court · 1867
- Terwilliger v. National Masonic Accident Ass'nIllinois Supreme Court · 1902
- Gunton v. HughesIllinois Supreme Court · 1899
- McDole v. McDoleIllinois Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Camelot Excavating Co., Inc. v. St. Paul Fire & Marine Ins. Co.Michigan Supreme Court · 1981
- Sheard v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1910
- Illinois State Toll Highway Commission Ex Rel. Patten Tractor & Equipment Co. v. M. J. Boyle & Co.Appellate Court of Illinois · 1962
- Cherry v. Aetna Casualty & Surety Co.Illinois Supreme Court · 1939
- Jones v. Continental Casualty Co.Supreme Court of Iowa · 1920
25 more not listed; retrieve them via the Exa API.