Johnson v. W. J. Turnes Co.

Mr. Presiding Justice Freeman

delivered the opinion of the court.

It is urged that defendant undertook to perform the contract unconditionally within a certain time and that nothing but the act of God or public enemy will excuse non-performance; second, that the relation between the plaintiff and the sewer contractor “was that of contractor and contractee and not that of master and servant” and consequently the plaintiff is not chargeable with any negligent conduct of the sewer contractor. Plaintiff states his position to be first that the defendant “is liable because knowing the walls were in…