Pickard & Munger v. Bates & Towslee

Citations

• 38 Ill. 40

Syllabus

<p>1. Depositions—in suits at law. The deposition of a resident witness may be taken and read in a suit at law, even when there has been no affidavit filed as required by the statute, when it is taken by the consent of the party against whom the deposition is sought to be read.</p> <p>2. Pleading—when one must declare specially—recovery under the common counts. In an action to recover for services rendered under a special contract, which has been substantially performed by the plaintiff, and nothing remains but the payment of money, recovery may be had under the common counts, and the plaintiff need not declare specially upon the contract.</p> <p>3. And it is not essential to such recovery that the contract should have been waived by the defendant; and especially, it would not be necessary to prove both performance by the plaintiff, and waiver of performance by the defendant.</p> <p>4. Measure of Damages—in such case. Of course the recovery in such cases must be limited to the amount due under the special contract.</p>