Ohio & Mississippi Railroad v. Middleton
Illinois Supreme Court
This was an action of “ trespass on the case on promises ” by defendants in error against plaintiff in error. Declaration contained three counts. Damages, $500. 1st count, is upon a special contract—charged and averred to have been made by plaintiffs, by Wm.
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This was an action of “ trespass on the case on promises ” by defendants in error against plaintiff in error. Declaration contained three counts. Damages, $500. 1st count, is upon a special contract—charged and averred to have been made by plaintiffs, by Wm. P. Whittle, their agent, who signed said contract by B. B. Thomas, his agent—to the effect following: That the said plaintiffs below agreed to dig a well for the use of the Ohio and Mississippi Railroad Company, defendants below, at the side track to be laid out by defendants below, at Middleton depot, in Marion county, Illinois. Well to…
1Opinion of the CourtWalker, J.
The appellant urges the reversal of this judgment upon the ground that the appellee’s replication is no answer to appellants’ special pleas. The declaration counted on a contract of appellant, and the filing of the general issue put the appellees upon the proof of the contract declared on, or under the common count, the proof of a contract of appellant, either express or implied. They could not recover on the contract of another.person. These pleas alleged that the work sued for was performed under a contract with Whittle. If these pleas amount to anything, it is an argumentative denial that…
2Cited by8 opinions
- Zamouski v. GerrardAppellate Court of Illinois · 1971
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- Vail v. Northwestern Mutual Life InsuranceIllinois Supreme Court · 1901
- Barkhausen v. Continental Illinois National Bank & Trust Co.Illinois Supreme Court · 1954
- Barkhausen v. CONT. ILL. NAT. BANK AND TRUST CO. OF CHICAGOIllinois Supreme Court · 1954
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