West Chicago Park Commissioners v. Kincade
Appellate Court of Illinois
Assumpsit, for extra work. Appeal fronrthe Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Gary
delivered the opinion of the Court.
It appears from the testimony of the appellee as a witness, that he had a contract for work on Ashland Boulevard, to the amount of $18,000, and that he cut down curb stones to permit laying sidewalks into the curbing, which work was not part of his contract. He did it under orders of the engineer of the appellant, and with the knowledge of some of the Park Commissioners that the engineer had given such orders.
This is not enough to charge the appellant.
» It is a municipal corporation—a trustee for the public—. and its funds are not…
2Cases cited3 opinions
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Union National Bank v. Manistee Lumber Co.Appellate Court of Illinois · 1892
- Morris v. WibauxAppellate Court of Illinois · 1893
3Cited by13 opinions
- City of Chicago v. WilliamsIllinois Supreme Court · 1899
- May v. City of ChicagoIllinois Supreme Court · 1906
- Diversified Computer Services, Inc. v. Town of YorkAppellate Court of Illinois · 1982
- City of Chicago v. BartelsAppellate Court of Illinois · 1909
- State ex rel. Feist v. FootSupreme Court of Minnesota · 1922
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