O'Rourke v. Sproul

Mr. Presiding Justice Smith

delivered the opinion of the court.

The first ground urged for a reversal of the judgment is that the declaration does not, nor does any count thereof, state a cause of action. The consideration of this question requires us to examine the declaration. The first count is as follows:

“For that whereas, heretofore, to-wit, on the 8th day of March, A. D. 1906, the defendant, in the city of Chicago, county of Cook and state of Illinois, was engaged in the construction of, and was assisting as a contractor and otherwise in the construction of a certain building, to-wit, a…