Tobey v. Price
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. G-ary, Judge, presiding. This was an action of assumpsit, brought by William Price and Ansel B. Cook against Charles Tobey.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. G-ary, Judge, presiding. This was an action of assumpsit, brought by William Price and Ansel B. Cook against Charles Tobey. The written contract of the parties under which the plaintiffs performed labor, etc., provided that they should furnish all the materials, and perform all the necessary labor under the head of mason’s work in the erection of a building for the defendant, and that the defendant, through other contractors, should furnish the iron work and cut stone for the building. The opinion of the court states the other…
1Opinion of the Court
Hr. Justice Breese
delivered the opinion of the Court:
This was assumpsit, in the Superior Court of Cook county, on the common counts, for labor and materials furnished by the plaintiffs to the defendant, and for extra work, and damages for delay in furnishing iron, cut stone and other material, on the part of the defendant. The cause was tried on the general issue, by the court, without a jury, and there was a finding and judgment for the plaintiff, for twelve hundred and eighty-seven dollars and thirty-six cents. The defendant appeals.
The contract was in writing, and the work, though not…
2Cited by17 opinions
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