Adlard v. Muldoon
Citations
- 45 Ill. 193
Syllabus
<p>1. Contract — evidence — indebitatus assumpsit. Where a contract has been performed, and it only remains to pay the contract price for the labor or property, indebitatus assumpsit will lie for its recovery. And the agreement may be read in evidence for the purpose of showing its terms and to recover the damages.</p> <p>2. Same—performance. A party has no right to recover under any contract, in any form of action ex contractu, until he has performed his part of the agreement. And whether a contract has been performed or not, is a question for the jury.</p> <p>3. Same—alteration—architect. If a party contracts with another to erect a building according to plans and specifications, under the supervision of an architect, the architect cannot change the terms of the contract without special authority.</p> <p>4. Same — acceptance — recoupment. If a defendant accepts a building erected by a plaintiff, under a contract, in an action to recover the contract price, the defendant will be permitted to recoup any damages growing out of a breach of the contract.</p>
Judges: Walker
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18 cases in this archive cite this case.
- Shepard v. MillsIllinois Supreme Court· 1898-04-21· cited 33×
- Leverone v. ArancioMassachusetts Supreme Judicial Court· 1901-09-03· cited 26×
- Burroughs v. ClanceyIllinois Supreme Court· 1869-09-15· cited 21×
- Concord Apartment House Co. v. O'BrienIllinois Supreme Court· 1907-06-19· cited 19×
- Edward Edinger Co. v. WillisAppellate Court of Illinois· 1931-01-26· cited 16×
- Mallard, Stacy & Co. v. MoodySupreme Court of Georgia· 1898-07-21· cited 13×
- General Fireproofing Co. v. L. Wallace & SonEighth Circuit· 1910-01-05· cited 8×
- Neagle v. HerbertAppellate Court of Illinois· 1898-01-06· cited 7×
- Spencer v. DoughertyAppellate Court of Illinois· 1887-06-07· cited 5×
- Inc. Town of Bono v. Universal Tank & Iron WorksSupreme Court of Arkansas· 1965-11-08· cited 4×
- Southwestern Arizona Fruit & Irrigation Co. v. CameronArizona Supreme Court· 1914-06-12· cited 2×
- J. E. Salfisberg & Co. v. City of St. CharlesAppellate Court of Illinois· 1910-05-18· cited 2×
- Metal v. GammAppellate Court of Illinois· 1931-06-15· cited 2×
- Leafgreen v. YablonskyAppellate Court of Illinois· 1913-03-04· cited 1×
- Alexander v. Grenada BankCourt of Appeals of Tennessee· 1926-01-15
- McKey v. NelsonAppellate Court of Illinois· 1891-12-10
- Clark v. BirdAppellate Court of Illinois· 1892-12-31
- Sands v. PotterAppellate Court of Illinois· 1895-05-28
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