Legal Opinion

Fitzgerald v. Benner

Appellate Court of Illinois

Decided May 1, 1905No. Gen. No. 11,918PublishedCited by 2 opinions

Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding.

1Opinion of the CourtJustice Brown

This appeal is from a judgment in favor of appellees against appellant in the Circuit Court of Cook County for $6,000. The judgment was upon a Verdict of a jury for that amount in an action of assumpsit. The suit was upon a building contract between Fitzgerald on the one side and Benner and Kent on the other, by which Benner and Kent agreed to erect, build and complete the iron work for a flat building to belong to Fitzgerald, to be erected at the corner of 26th and State streets in Chicago. The price to be paid by Fitzgerald to Benner and Kent was fixed by the contract at a certain sum for…

2Cases cited5 opinions

  1. Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
  2. Fowler v. DeakmanIllinois Supreme Court · 1876
  3. Nelson v. Pickwick Associated Co.Appellate Court of Illinois · 1889
  4. Hartford Deposit Co. v. CalkinsIllinois Supreme Court · 1900
  5. Frost v. Rand, McNally & Co.Appellate Court of Illinois · 1893

3Cited by2 opinions

  1. Roberts v. CarlsonNebraska Supreme Court · 1943
  2. Masek v. ChmelikAppellate Court of Illinois · 1912

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