Wilcox v. Dodge
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding.
1Opinion of the CourtMcAllister, J.
It appears by the undisputed testimony, that the services sued for were all performed under the written contract declared upon, bearing date October 6, 1881. That instrument was under seal, and was executed by defendant Toms alone, in the absence of all the other defendants, and was described in the declaration as having been made by all the persons named as defendants. Under the issues, it was incumbent upon plaintiffs to show that it was made by all such persons, or there would be a fatal variance. Fox v. Norton, 9 Mich. 207; Gates v. Graham, 12 Wend. 53.
In order to show that it was so…
2Cases cited7 opinions
- Walker v. BrownIllinois Supreme Court · 1862
- Skinner v. DaytonNew York Supreme Court · 1822
- Drumright v. PhilpotSupreme Court of Georgia · 1854
- Ford v. McVayIllinois Supreme Court · 1870
- Compton v. PayneIllinois Supreme Court · 1873
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3Cited by2 opinions
- Guthiel v. GilmerUtah Supreme Court · 1904
- Ackerman v. BickleyAppellate Court of Illinois · 1928