Holmes v. Stummel
Illinois Supreme Court
This was an action of assumpsit by Stummel against Holmes, on common counts, for work and labor done; plea, the general issue; trial and verdict for Stummel for $193.19, before Leland, Judge, at October term, 1853, of the Marshall Circuit Court.
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This was an action of assumpsit by Stummel against Holmes, on common counts, for work and labor done; plea, the general issue; trial and verdict for Stummel for $193.19, before Leland, Judge, at October term, 1853, of the Marshall Circuit Court. Stummel proved that he had done grubbing for Holmes, commencing his work in the spring of 1852, and continuing till the spring of 1853. Holmes proved that work was done under the following contract : Stummel has this day agreed to clear, grub, and pile the brush, all to be done in good order,, on all the land south of the road running from Sandy Creek…
1Opinion of the CourtCaton, J.
Stummel agreed with Holmes for a certain price to “ clear, grub, and pile the brush, all to be done in good order, on all of the land south of the road,” &c., describing the land on which the work was to be done. Upon the land at the time, were standing some large trees, some small trees or bushes, and underbrush. Stummel was to receive for doing the job, $278. He did the grubbing, although, as the evidence shows, imperfectly cut down the underbrush, and piled the brush on all the land, except a ravine which run through the whole lot, which he neglected entirely. The court decided, that by…
2Cited by1 opinion
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