Frazer v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Tazewell county; the Hon. Charles Tueker, Judge, presiding. This was an action of assumpsit, brought by George Smith and others against Perry Frazer and' others, to recover for damages resulting to the plaintiffs by reason of the failure on the part of the defendants .to comply with the terms of their contract to repair and put in good order for the plaintiffs certain machinery.
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Appeal from the Circuit Court of Tazewell county; the Hon. Charles Tueker, Judge, presiding. This was an action of assumpsit, brought by George Smith and others against Perry Frazer and' others, to recover for damages resulting to the plaintiffs by reason of the failure on the part of the defendants .to comply with the terms of their contract to repair and put in good order for the plaintiffs certain machinery. A trial in the circuit court resulted in a verdict and judgment for the plaintiffs. The defendants appeal.
1Opinion of the CourtJustice Breese
Several points are made on this record, the most important of which will be noticed. The first is, a variance between the contract set out in the declaration, and the one proved.
The contract, is alleged in the declaration to have been made on the 20th day of February, 1868, to repair and put in good order a still apparatus and column for manufacturing alcohol, to be done and performed within and during the period of six weeks from and after that day.
The proof by the plaintiff Maus, one of the contracting parties, is, that they made the contract on the first day of March, 1868, with…
2Cited by8 opinions
- Allis v. McLeanMichigan Supreme Court · 1882
- Ft. Smith W. R. Co. v. WilliamsSupreme Court of Oklahoma · 1912
- United Iron Works v. Twin City Ice & Creamery Co.Supreme Court of Missouri · 1927
- Williams v. Island City Milling Co.Oregon Supreme Court · 1894
- Consumers' Pure Ice Co. v. JenkinsAppellate Court of Illinois · 1895
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