Huyett & Smith Manufacturing Co. v. Chicago Edison Co.
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. R. S. Tuthill, 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. R. S. Tuthill, Judge, presiding. This was an action brought by the Huyett & Smith Manufacturing Company, a corporation of Detroit, Mich., against the Chicago Edison Company, a corporation of Chicago, upon a quantum meruit to recover for materials furnished and labor performed under an express contract, which was not completed by the plaintiff by reason of the destruction by fire of the building to which the materials were to be attached. In the circuit court…
1Opinion of the CourtJustice Craig
It is plain from the record that the Appellate Court did not reverse the judgment on account of any erroneous ruling of the circuit court on propositions of law. If the reversal had been for that reason the cause would have been remanded, so that the error could have been corrected on another trial. On the other hand, it is plain that the Appellate Court found the facts different from the circuit court, and reversed because on the facts as found the plaintiff could not recover. Upon going to the record it will be seen that the Appellate Court made the following finding of facts: “And the…
2Cases cited5 opinions
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- Williams v. ForbesIllinois Supreme Court · 1885
- Brown v. City of AuroraIllinois Supreme Court · 1883
- Siegel, Cooper & Co. v. Eaton & Prince Co.Illinois Supreme Court · 1896
- Rogers v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1886
3Cited by16 opinions
- Benedict v. PfunderSupreme Court of Minnesota · 1931
- Seeberger v. McCormickIllinois Supreme Court · 1899
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
- Meek v. DaughertySupreme Court of Oklahoma · 1908
- Collins v. Summers Hardware and Supply Co.Court of Appeals of Tennessee · 2002
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