Mayer v. C. H. Mitchell & Co.
Appellate Court of Illinois
Assumpsit.—Common counts. Appeal from the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Heard in this court at the March term, 1895.
1Opinion of the CourtJustice Gary
The appellee sued for the price of a freight elevator put into a building under a contract with the appellant. The contract price was $560 and the elevator was to be complete several days before it ivas so in fact.
The appellant allowed to his tenant a deduction of $125 ■from the rent because of this delay.
The declaration was the common counts in assumpsit, which was appropriate. Taylor v. Renn, 79 Ill. 181; Lucas v. Googwinn, 4 Scott 502; S. C., 3 Bing. N. C. 737; 32 E. C. L. 340; Fowler v. Deakman, 84 Ill. 130; Gottschalk v. Smith, 54 Ill. App. 341.
Damages for delay could be recouped under…
2Cases cited5 opinions
- Fowler v. DeakmanIllinois Supreme Court · 1876
- Priestly v. Northern Indiana & Chicago RailroadIllinois Supreme Court · 1861
- Cooke v. PrebleIllinois Supreme Court · 1875
- Taylor v. RennIllinois Supreme Court · 1875
- Gottschalk v. SmithAppellate Court of Illinois · 1894
3Cited by3 opinions
- State Trust & Savings Bank v. Hermosa Land & Cattle Co.New Mexico Supreme Court · 1925
- Shepard v. MillsAppellate Court of Illinois · 1897
- Fairbanks, Morse & Co. v. WillsAppellate Court of Illinois · 1910