Chicago & Wilmington Coal Co. v. Liddell

This was an action of assumpsit, in the Will circuit court, brought by Andrew B. Liddell, against the Chicago and Wilmington Coal Company, on a contract to furnish boarding for certain workmen employed by the company in mining coal. The declaration contained, also, the money counts, and an account stated. The plea was non assumpsit, and a trial by jury, who found for the plaintiff. A motion for a new trial was overruled, and judgment rendered on the verdict, to reverse which defendant appeals.

The first point made by appellant is, that the contract, as set out in the declaration, not being in…