Mueller v. Rosen
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. Edward P. Vail, Judge, presiding. This was an action of assumpsit, brought by R. O. Rosen in the circuit court of Macon county to recover a balance claimed to be due for the erection of a certain factory plant in Decatur.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. Edward P. Vail, Judge, presiding. This was an action of assumpsit, brought by R. O. Rosen in the circuit court of Macon county to recover a balance claimed to be due for the erection of a certain factory plant in Decatur. The contract under which the buildings were erected was as follows: “Decatur, Ill., May 6, 1895. “I, R. O. Rosen, hereby agree to erect the factory buildings at the corner of College and Cerro Gordo streets, Decatur, Illinois, as per plans…
1Opinion of the CourtJustice Craig
It is not claimed in the argument that the court erred on the trial in its rulings on the admission or exclusion of evidence, but the main ground relied upon to reverse the judgment of the Appellate Court is that the trial court erred in the instructions to the jury. The first instruction given for plaintiff was as follows:
“The jury are instructed that if they believe, from a preponderance of the testimony in this case, that the plans and specifications introduced in this case have been followed and complied with by the plaintiff in the construction of this building, then you are instructed…
2Cases cited2 opinions
- Dupuis v. Chicago & North Wisconsin Railway Co.Illinois Supreme Court · 1885
- Town of Evans v. DickeyIllinois Supreme Court · 1886
3Cited by4 opinions
- Watson Lumber Co. v. GuennewigAppellate Court of Illinois · 1967
- Strom v. LipschultzAppellate Court of Illinois · 1972
- Zukas v. Appleton Manufacturing Co.Appellate Court of Illinois · 1916
- Dougherty v. BlissAppellate Court of Illinois · 1927