Palm & Robertson v. Ohio & Mississippi Railroad
Illinois Supreme Court
The plaintiffs in error, sued the defendant below in the St. Clair Circuit Court, March Term, 1856, in an action of assumpsit—damages, $35,000. Declaration contains four counts.
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The plaintiffs in error, sued the defendant below in the St. Clair Circuit Court, March Term, 1856, in an action of assumpsit—damages, $35,000. Declaration contains four counts. First count sets out a special agreement by which plaintiffs in error were to construct sixteen locomotive engines, according to certain specifications, to be delivered within certain specified times, to be paid at a certain rate, in bonds and cash; it avers that the said original agreement was subsequently modified, by which the defendant promised to pay for some of said engines then in course of construction, to…
1Opinion of the CourtCaton, J.
The first question to be considered arises upon the demurrer to the two first counts in the declaration, and this involves a construction of the special agreeihent on which those counts are based. By the agreement, as shown by these counts, the plaintiffs agreed to construct and deliver to the defendant sixteen locomotives, for which they were to be paid by the defendant, a certain stipulated price as the locomotives were delivered. The plaintiffs aver that they completed and delivered five of the engines, and were proceeding to construct the others, for which they had provided three thousand…
2Cited by21 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Alderson v. HoustonCalifornia Supreme Court · 1908
- Keeler v. CliffordIllinois Supreme Court · 1897
- Underground Construction Co. v. Sanitary DistrictIllinois Supreme Court · 1937
- Empson Packing Co. v. ClawsonSupreme Court of Colorado · 1908
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