Central Lumber Co. v. Kelter
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook couuty; the Hon. Elbridge Hanegy, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook couuty; the Hon. Elbridge Hanegy, Judge, presiding. On September 1,1896, appellees brought an action of debt in the circuit court of Cook county against appellant and one Michael Rafferty upon an alleged bond dated June 1, 1895, made by the said'Rafferty and the appellant, conditioned for the faithful performance of a building contract that day entered into between Rafferty and appellees. The Central Lumber Company filed a.plea non est factum verified, and issue was…
1Opinion of the CourtJustice Wilkin
It will be seen from the foregoing statement that the pleadings are very much involved. The case as to this appellant was tried on the declaration in assumpsit filed on April 4, 1900, with i^he two additional counts of May 19 and pleas of the general issue and ultra vires. The declaration, as amended, counts upon a building contract between plaintiffs and Rafferty for the erection and completion of three houses on or before September 1, 1895, for the consideration of §8400, to be paid on certificates of M. Kelter, one of the plaintiffs, superintendent, as the work progressed, and a bond…
2Cases cited2 opinions
- National Home Building & Loan Ass'n v. Home Savings BankIllinois Supreme Court · 1899
- Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
3Cited by24 opinions
- Henderson Tire & Rubber Co. v. GregoryCourt of Appeals for the Eighth Circuit · 1926
- Woods Lumber Co. v. MooreCalifornia Supreme Court · 1920
- Simpson v. BergmannCalifornia Court of Appeal · 1932
- Jackson Lumber Co. v. TrammellSupreme Court of Alabama · 1917
- Kraft v. West Side Brewery CompanyIllinois Supreme Court · 1905
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