Legal Opinion

Adlard v. Muldoon

Illinois Supreme Court

Decided September 15, 1867PublishedCited by 22 opinions

Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by John Muldoon, appellee, against Mary Ann Adlard, appellant, in the Superior Court of Chicago, to recover the balance on a contract for furnishing materials and building several cottages. The declaration contains the common indebitatus counts for work and labor, and materials, etc.

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Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by John Muldoon, appellee, against Mary Ann Adlard, appellant, in the Superior Court of Chicago, to recover the balance on a contract for furnishing materials and building several cottages. The declaration contains the common indebitatus counts for work and labor, and materials, etc. The cause was tried before a jury, and a verdict rendered in favor of the plaintiff, and the damages were assessed at $391.85. The defendant moved for a new trial, which being overruled,…

1Opinion of the CourtJustice Walker

This was an action of assumpsit, brought by John Muldoon, in the Superior Court of Chicago, against Mary Ann Adlard, to recover a balance claimed to be due on a building contract. The declaration contained the common counts for work, labor and materials employed in building houses for appellant. The defense relied upon was the non-performance of the contract on the part of appellee; that appellant had not accepted the work or taken possession of the same, and hence the action could not be maintained, or if it could, appellant was entitled to recoup stipulated damages under the contract, for…

2Cited by22 opinions

  1. Shepard v. MillsIllinois Supreme Court · 1898
  2. Leverone v. ArancioMassachusetts Supreme Judicial Court · 1901
  3. Burroughs v. ClanceyIllinois Supreme Court · 1869
  4. Foster v. McKeownIllinois Supreme Court · 1901
  5. Sanitary District of Chicago v. McMahon & Montgomery Co.Appellate Court of Illinois · 1903

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