Heiman v. Schrœder

Citations

• 74 Ill. 158

Syllabus

<p>1. Instruction — construed. An instruction in a suit to enforce a mechanics’ lien, that if the petitioner was hindered and prevented by the defendant from finishing and completing the work which had been entered upon, the petitioner was not precluded from recovering because the work was not completed entirely by him, is not open to the objection that it authorized a recovery for all the work contracted to be done, and for work not done by the petitioner.</p> <p>2. Interest — on money due for work done under contract. Where specific sums of money are agreed to be paid for work by an agreement in writing, the several sums will, under the statute, carry interest from the times they become due.</p> <p>3. Same—may be recovered without being claimed in pleading. Where interest is an incident to a debt, it may be recovered though not claimed as such in the petition or other pleading, if the sum claimed is large enough to include the same.</p> <p>4. Pleading—when sufficient after verdict. Where the statements in a pleading, although imperfect and insufficient in themselves, are yet of such a character as force the conclusion that all must have been proved on the trial, which ought to have been stated in the pleading to procure the verdict, then the defective pleading is aided by intendment after verdict, and the court may render judgment.</p>