Badger v. Kerber
Illinois Supreme Court
x Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action of assumpsit, brought by Henry Kerber, in the circuit court of Cook -county, against Alpheus C. Badger. The suit was brought to recover the contract price for the cut stone used in building defendant’s dwelling house.
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x Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action of assumpsit, brought by Henry Kerber, in the circuit court of Cook -county, against Alpheus C. Badger. The suit was brought to recover the contract price for the cut stone used in building defendant’s dwelling house. The stone was white and clear when used, but, by exposure to the weather, small particles of iron which it contained oxidized and colored the stone, and defendant refused to pay the last installment on the contract.. A trial was had by the court and a jury, when a…
1Opinion of the CourtJustice Thornton
There are some minor questions to be disposed of before a discussion of the principal question.
It is assumed that there was error in the computation of interest upon the amount due for the work performed, and that therefore the verdict is excessive.
There was evidence to prove a fulfillment of the contract," according to its terms. Of its weight, and the credibility of witnesses, the jury were the proper judges. If the jury believed that appellee completed the contract at the time stipulated, then there was sufficient time for the interest computed to have accrued.
The next objection is, that…
2Cases cited2 opinions
- McAuley v. CarterIllinois Supreme Court · 1859
- Mills v. WeeksIllinois Supreme Court · 1859
3Cited by6 opinions
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Erikson v. WardIllinois Supreme Court · 1914
- Rawle v. GilmoreAppellate Court of Illinois · 1898
- Anderson-Ross Floors, Inc. v. Scherrer Construction Co.Appellate Court of Illinois · 1978
- Hart v. Carsley Manufacturing Co.Appellate Court of Illinois · 1904
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