Legal Opinion

Ryan v. Hooton

Appellate Court of Illinois

Decided October 9, 1905PublishedCited by 1 opinion

Action of assumpsit. Appeal from the Circuit Court of Vermilion County; the Hon. E. B. E. Kimbrough, Judge, presiding. Heard in this court at the May term, 1905.

1Opinion of the Court

Mr Presiding Justice Puterbaugh

delivered the opinion of the court.

This is an action in assumpsit by appellant against appellee. At the close of all the evidence the jury, by the direction of the trial judge, returned a verdict for the defendant. To reverse the judgment upon such verdict the plaintiff appeals.

The declaration consists of the common counts, and a special count which sets out in liceo verba a written contract between the parties, and then avers full performance by the plaintiff of the terms thereof, and non-performance of the same by the defendant.

Under the terms of the contract,…

2Cases cited4 opinions

  1. Underwood v. WolfIllinois Supreme Court · 1890
  2. Shepard v. MillsIllinois Supreme Court · 1898
  3. Morris v. WibauxIllinois Supreme Court · 1895
  4. Evans v. HowellIllinois Supreme Court · 1904

3Cited by1 opinion

  1. Burt v. Garden City Sand Co.Appellate Court of Illinois · 1908

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