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>