Keeler v. Clifford
Appellate Court of Illinois
Assumpsit-.—Worb, labor and services. Appeal from the Superior Court of Cook County; the Hon. Jambs Goggin, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. Between 106th and 108th streets the Calumet river takes a northeasterly course.
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Assumpsit-.—Worb, labor and services. Appeal from the Superior Court of Cook County; the Hon. Jambs Goggin, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. Between 106th and 108th streets the Calumet river takes a northeasterly course. In March, 1891, appellant owned the tract of land lying along the southerly shore of the river, extending back from the south line of the former of said streets back to the Calumet River Rail way, and as far south as the half-section line of section 18—37—15. From 106th street south to said half-section line the distance…
1Opinion of the CourtJustice Waterman
It is contended by appellant that the contract is so entire and unseverable in all its parts that appellee could maintain no action thereon until he had completely performed all that he was to do.
This is directly in the teeth of the agreement, which provides for payment of definite sums at three distinct periods before the completion of the entire work, viz., when one-fourth, one-half and three-fourths, respectively, of the work is done. Manifestly, such a contract is severable, and when one-fourth of the work was done appellee could have sued for and recovered $1,000. Parsons on Cont., Vol.…
2Cases cited3 opinions
- Richards v. ShawIllinois Supreme Court · 1873
- Evans v. Chicago & Rock Island RailroadIllinois Supreme Court · 1861
- Dwyer v. DuquidIllinois Supreme Court · 1873
3Cited by1 opinion
- United States Printing Co. v. H. O. Wilbur Co.Appellate Court of Illinois · 1901