Spalding Lumber Co. v. Brown
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. The board of education of Kickapoo Union School District No. 22, etc., filed its bill in chancery alleging that it entered into a written contract with one H. A. Brown for the erection of a school house for said district, at the price of $4398, payable in five installments.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. The board of education of Kickapoo Union School District No. 22, etc., filed its bill in chancery alleging that it entered into a written contract with one H. A. Brown for the erection of a school house for said district, at the price of $4398, payable in five installments. A copy of the contract was filed with the bill. It was alleged in the bill that the contractor having failed to complete the building according to the…
1Opinion of the CourtJustice Craig
Upon looking into the record it appeal’s that the contractor, H. A. Brown, gave the Spalding Lumber Company an order, which reads as follows:
“$948.00. “Gibson City, Ford Co., Ill., Aug. 14, ’95.
11 Geo. Dooley, Cleric, and John Davis, President,
of School Board, Downs Township 22, McLean Co., Ill.
‘ ‘Please pay the Spalding Lumber Co., or order, nine hundred forty-eight dollars ($948), less freight on four cars of brick and three cars of lumber, being in full for the four cars of brick and three cars of lumber. You will pay the above installments as the architect certifies, as my payments are…
2Cases cited1 opinion
- Sumner v. WaughIllinois Supreme Court · 1869
3Cited by28 opinions
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- Algonite Stone Manufacturing Co. v. Fidelity & Deposit Co.Supreme Court of Kansas · 1917
- Illinois State Toll Highway Commission Ex Rel. Patten Tractor & Equipment Co. v. M. J. Boyle & Co.Appellate Court of Illinois · 1962
- Hanson v. City of CrescoSupreme Court of Iowa · 1906
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