Schillo v. McEwen

Citations

• 90 Ill. 77

Syllabus

<p>1. Limitations—when the statute begins to run. Where materials are furnished from time to time, under a special contract to furnish the iron work necessary for a building, and the special contract is abandoned before its full performance, by reason of the destruction of the building in an incomplete ,state, in an action as upon a quantum meruit, the Statute of Limitations will begin to run as against each item or parcel from the time of its delivery, the same as though the materials had been delivered without any special contract at all.</p> <p>2. Remedy—upon quantum meruit, where special contract is abandoned. Where the law affords a remedy in case of a partial performance of a contract, it is not upon the original contract, but upon a quantum meruit upon an implied promise to pay so much as the material or labor is reasonably worth when delivered or accepted, as though no contract had ever existed. When a special contract is abandoned by consent, the effect is the same as if the materials were delivered or labor done without any special contract.</p>