Bauer v. Hindley
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. On September 21, 1896, H. F. Jeroloman, C. J. Corse, Charles Ratzel and C. S. Wheeler, co-partners doing business as the Granitoid Construction Company, began an action of assumpsit in the circuit court of Cook county against A. Bauer & Co., a corporation, and Alexander Bauer, the appellant here, to recover for materials furnished and labor performed in the construction of cement work at the building of defendants at the…
1Opinion of the CourtJustice Wilkin
It is urged as error that the verdict and judgment are contrary to the preponderance of the evidence; that plaintiffs failed to show substantial compliance with the terms of the contract; that plaintiffs cannot recover under the common counts.
As should be well understood, we have nothing to do with the weight or preponderance of the evidence. That is a question conclusively settled by the judgment of the Appellate Court.
The contract in question was entered into by means of two written letters or propositions made by plaintiffs below to defendants, the terms of which were subsequently…
2Cases cited2 opinions
- Shepard v. MillsIllinois Supreme Court · 1898
- Union Elevated Railroad v. NixonIllinois Supreme Court · 1902
3Cited by6 opinions
- Elgin, Joliet & Eastern Railway Co. v. Northwestern National BankAppellate Court of Illinois · 1911
- Employers' Liability Assurance Corp. v. Kelly-Atkinson Construction Co.Appellate Court of Illinois · 1915
- Miller v. ThomasAppellate Court of Illinois · 1916
- Connelly v. WallinAppellate Court of Illinois · 1913
- Ruddy v. McDonaldAppellate Court of Illinois · 1909
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