Concord Apartment House Co. v. O'Brien
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. This is an action in assumpsit under the common counts to recover upon a certificate claimed to be a final certificate issued as payment under a contract which provides, among other things: Article 1: “The contractor, under the direction of and to the satisfaction of William M. Wheatley, who shall act as superintendent of and for the purposes of this contract as agent for said owner, shall and will provide all the…
1Opinion of the CourtJustice Carter
It is claimed by appellant that the contract was improperly admitted in evidence under the common counts. It is well established that where a contract has been performed and it only remains to pay the contract price for labor or property, the plaintiff may sue and recover under the common counts, and that the agreement may be read in evidence for the purpose of showing its terms and to recover damages. (Adlard v. Muldoon, 45 Ill. 193; 1 Chitty’s Pl.— 14th Am. ed.—340.) Counsel for appellant admits this proposition without question, but strongly insists that it does not apply here because in…
2Cases cited15 opinions
- Keeler v. HerrIllinois Supreme Court · 1895
- Mount Hope Cemetery Ass'n v. WeidenmannIllinois Supreme Court · 1891
- Palmer v. Meriden Britannia Co.Illinois Supreme Court · 1900
- Shepard v. MillsIllinois Supreme Court · 1898
- Pacaud v. WaiteIllinois Supreme Court · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- St. Joseph Hospital v. Corbetta Construction Co.Appellate Court of Illinois · 1974
- B. FERNANDEZ & HNOS., S. EN C. v. Rickert Rice Mills, Inc.Court of Appeals for the First Circuit · 1941
- Halvorson v. Blue Mountain Prune Growers CooperativeOregon Supreme Court · 1950
- Strom v. LipschultzAppellate Court of Illinois · 1972
- Peterson v. PuseyIllinois Supreme Court · 1908
14 more not listed; retrieve them via the Exa API.