Phelps v. Hubbard

Citations

• 59 Ill. 79

Syllabus

<p>1. Recovery on the common counts—or on special count. In an action under the common counts to recover for work done by the plaintiff for the defendant, it appeared there was a special contract in writing for the performance of the work, and the work had. been only partially completed. There was no abandonment of the contract by mutual consent, and no rescission thereof by any act of the defendant: Held, the rights of the plaintiff should be determined by the contract alone,—he could not recover under the common counts, the price of the work already performed.</p> <p>3. Nor did the mere fact, that the parties had had an accounting, showing the amount due the plaintiff, and the expression of an intention on the part of defendant to send him some money, have the effect to authorize a recovery of that amount in such an action.</p>