Walker v. Johnson
Supreme Court of the United States
Error to the Circuit Court of the United, States for the Northern District of Illinois. On the twenty-first day of July,- 1869, Edwin 1. Sherburne, Edwin Walker, and Charles B. Farwell entered into a written 'contract with the canal commissioners of the State of Illinois, for the construction of a lock and dam in the Illinois River, near the city of Henry, in which they agreed to commence the work on or before the first day of August, 1869, and complete it by the first day'…
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Error to the Circuit Court of the United, States for the Northern District of Illinois. On the twenty-first day of July,- 1869, Edwin 1. Sherburne, Edwin Walker, and Charles B. Farwell entered into a written 'contract with the canal commissioners of the State of Illinois, for the construction of a lock and dam in the Illinois River, near the city of Henry, in which they agreed to commence the work on or before the first day of August, 1869, and complete it by the first day' of September, 1871. Sherburne shortly after assigned his interest in this contract to James K. Lake, and Lake, Farwell,…
1Opinion of the Court
Mr. -Justice Miller
delivered the opinion of the court.
The first error arises upon the proposition of defendant, that the contract, being one not to-be performed within a year from the time it was made, and resting only in parol,- was void, and could not sustain the action. Evidence was given which tended to show that the agreement between plaintiff and defendant was made early in November, 1869, and renewed or modified in April, 1870. As by the terms of the original contract with the canal commissioners the work was to be completed on or"before Sept. 1, 1871, defendant insisted that his…
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