Catholic Bishop v. Bauer

Citations

• 62 Ill. 188

Syllabus

<p>1. Pleading—when plaintiff may declare generally—contract. While it is true that there is no liability by implication of law upon an express contract, executory in its provisions, yet where there has been full performance, and nothing remains to be done but the payment of the money; or where there has been only part performance, and the remainder has been waived or prevented, and the work performed has been accepted, a recovery may be had for the contract price of the service performed, under an indebitatus assumpsit.</p> <p>2. Levitation—--from what lime statute begins to run. In a suit by a plaintiff to recover for services rendered as an architect, in which the statute of limitation was pleaded, it appeared that the plans were completed more than five years before suit was brought, but that he continued to act as architect, superintending the work on a church until within five years of bringing the suit, when he was discharged: Held, that the statute began to run only from the time of his discharge.</p>