Combs v. Steele

Citations

• 80 Ill. 101

Syllabus

<p>1. Contracts—whether joint or several. Contracts will be construed to be joint or several, as the case may be, where the intent of the respective parties appears on the face of the obligations, and that construction will be adopted which is most consistent with the words employed to express the undertaking of the several parties.</p> <p>2. A contract b)' property owners to pay a certain price per foot for paving a street in front of their property, with the number of feet owned by each one set opposite his signature, is a several obligation, by which each one signing agreed to pay for the paving of the definite number of feet in front of his property.</p> <p>3. Common counts—evidence. A contract which has been fully performed on the one part, and there is nothing remaining to be done but to pay the money according to the stipulated price in the contract, is admissible in evidence under the common counts.</p> <p>4. Practice — reinstating cause. It is within the discretion of the circuit court to set aside an order of dismissal, and reinstate a cause on the trial calendar at the same term of court at which it was dismissed; and where there has been no such palpable abuse of that discretion a§ will work manifest injustice, its exercise will not be reviewed in an appellate court.</p>