Clark v. Pope
Illinois Supreme Court
Appeal from the Circuit Court of LaSalle county; the Hon. Edwin S. Leland, Judge, presiding. This was an action of debt, brought by Josiah Pope and George Jekyl, against James Clark, John M. Holland and Louis P. Itugg, to recover the balance due on a contract for building a church. The defendants pleaded nil debet, and special pleas setting up damages for defects in the work.
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Appeal from the Circuit Court of LaSalle county; the Hon. Edwin S. Leland, Judge, presiding. This was an action of debt, brought by Josiah Pope and George Jekyl, against James Clark, John M. Holland and Louis P. Itugg, to recover the balance due on a contract for building a church. The defendants pleaded nil debet, and special pleas setting up damages for defects in the work. A trial was had, resulting in a verdict and judgment in favor of the plaintiffs for $414. The defendants moved for a new trial, which the court overruled.
1Opinion of the CourtJustice Scott
This action was brought to recover the balance alleged to be due for the erection of a church edifice. The contract was made with the appellants as a building committee on behalf of the First Congregational Society of the village of Utica.
Appellees insist, the work strictly within the contract was completed as early as December, 1870, or January following; that it was accepted by the society, and the basement room occupied for the purposes for which it was intended, without objections as to the manner in which the work had been done. It was not contemplated by the agreement, appellees should…
2Cited by17 opinions
- Knox College v. Celotex Corp.Illinois Supreme Court · 1981
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Bentley v. StateWisconsin Supreme Court · 1889
- Bayne v. EverhamMichigan Supreme Court · 1917
- W. H. Lyman Construction Co. v. Village of GurneeAppellate Court of Illinois · 1980
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