Chicago South Branch Dock Co. v. Dunlap
Illinois Supreme Court
Writ of Error to the Superior Court of Chicago. This was an action of assumpsit, instituted in the court below by the South Branch Dock Company against George W. Dunlap and Baylor H. Gwathmey, to recover certain rents reserved, and for use and occupation.
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Writ of Error to the Superior Court of Chicago. This was an action of assumpsit, instituted in the court below by the South Branch Dock Company against George W. Dunlap and Baylor H. Gwathmey, to recover certain rents reserved, and for use and occupation. The plaintiff, it appears, is a corporation, incorporated in February, A. D. 1859, for the purpose of enabling it to improve its property, including the premises in question, by excavating canals or slips, and constructing therein docks connecting with the Chicago river. The defendants were brick makers, and leased the premises in question…
1Opinion of the CourtJustice Breese
There is but one point of any importance to be considered, arising on this record. That is the first and second instructions given by the court for the defendants in error, They are as follows: “In the absence of a special agreement, the defendants are chargeable for no more than the just value of the use of the premises over the amount of the labor performed by them upon the premises, if such labor was done by the consent and with the knowledge of the plaintiff or his agent.” “ If the use of the premises was worth no more than the labor so performed by defendants, with the assent of the…
2Cited by2 opinions
- Neiswanger v. SquierSupreme Court of Missouri · 1880
- Chicago & Rock Island Railroad v. Northern Illinois Coal & Iron Co.Illinois Supreme Court · 1864