Legal Opinion

Lincoln v. Schwartz

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 3 opinions

Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action of assumpsit, brought by Jacob G. Schwartz and Conrad Kies, partners, etc., against Ezra B. Lincoln, the declaration containing only the common counts. The facts of the- case appear in the opinion.

1Opinion of the CourtJustice Sheldon

This was an action of general indebitatus assumpsit, brought by Schwartz & Kies against Lincoln, to recover for work and labor done and materials furnished. A verdict was rendered in favor of the plaintiffs, in the court below, for $1000, upon which judgment was entered, and the defendant appealed.

The main grounds of error assigned are, that the verdict was against the evidence, and that an erroneous instruction was given for the plaintiffs.

It was in evidence, that, in the summer of 1871, Schwartz & Kies agreed to do certain mason work for Lincoln, about a building he was erecting in Chicago,…

2Cited by3 opinions

  1. City of Chicago v. SextonIllinois Supreme Court · 1885
  2. Jobst v. City of DanvilleAppellate Court of Illinois · 1918
  3. County of Cook v. SextonAppellate Court of Illinois · 1885

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