Sigsworth v. McIntyre
Illinois Supreme Court
This was an action in assumpsit by appellee against appellant. Declaration contains common counts for work and labor, etc., and no other counts. Pleas, non-assumpsit. Pleas, set-off. Pleas, payment.
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This was an action in assumpsit by appellee against appellant. Declaration contains common counts for work and labor, etc., and no other counts. Pleas, non-assumpsit. Pleas, set-off. Pleas, payment. A jury was sworn to try issues, and dining progress of trial, appellant took a bill of exceptions to decision of court, in substance, as follows: Appellee read in evidence on said trial, a contract between said McIntyre and Sigsworth, in which McIntyre agrees to build for Sigsworth a house, 18 by 20 feet, two stories high, with kitchen 18 feet square, one story high, with cellar under kitchen.…
1Opinion of the CourtScates, C. J.
The defendant having entered into a written contract to build plaintiff a dwelling house, etc., and a barn, each with a cellar, and all of specified dimensions, now seeks to limit and interpret the meaning by reference to a neighborhood usage among mechanics. The very attempt in this case, to make the parties speak in their writing, through the mouths of witnesses, shows the soundness of the rule which excludes such testimony.
One carpenter would not include, under such an agreement, either the foundation of that portion not required to have a cellar, nor shutters or blinds, nor to paint the…
2Cases cited1 opinion
- Rankin v. American InsuranceThe Superior Court of New York City · 1829
3Cited by4 opinions
- Nash v. ClassenIllinois Supreme Court · 1896
- Brown v. LangnerIndiana Court of Appeals · 1900
- Kinsley v. CharnleyAppellate Court of Illinois · 1889
- Harz v. PetersonAppellate Court of Illinois · 1899