Southern Pacific Co. v. American Well Works
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. Appellee instituted an action of assumpsit against appellant, and filed its declaration containing the common counts only. Subsequently, by leave of court, six special counts were filed.
Read the full summary
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. Appellee instituted an action of assumpsit against appellant, and filed its declaration containing the common counts only. Subsequently, by leave of court, six special counts were filed. Under the first two special counts appellee claims for sinking two wells at Flatonia, Texas, and furnishing certain machinery and appliances to be used therewith. The third and fourth special counts claim under a contract for sinking one well…
1Opinion of the CourtChief Justice Phillips
From appellant’s brief, the only questions under which it insists improper evidence was admitted, were, what was the reasonable market value of the steam engine upon the basis of the entire price for the whole contract, and other questions of like nature. By the fifth special count of appellee’s declaration it was alleged a contract was made, by which appellee was to furnish material and do certain work for appellant, and that it caused material and labor to be transported to Sanderson, Texas, for that purpose and entered on the performance of the work, but appellant prevented its complete…
2Cited by2 opinions
- Bryan v. Northwest Beverages, Inc.North Dakota Supreme Court · 1939
- Dame v. WoodsSupreme Court of New Hampshire · 1905