Stockley v. Goodwin

Citations

• 78 Ill. 127

Syllabus

<p>1. Continuance—attorney in legislature. Where an affidavit for the continuance of a cause on the ground that the party’s attorney was in attendance in the legislature as a member thereof, fails to show that the attorney was employed in the case prior to the commencement of the session of the legislature, it will not entitle the party to a continuance.</p> <p>2. Same—second application for same cause not allowed. The practice will not sanction a second application to continue a cause made at the same term, and based upon the same state of facts as the first.</p> <p>8. Action—when contract abandoned by mutual consent, a recovery may be had for services performed. Where the plaintiff moved into the house of a party under an agreement to work such party’s farm, and take care of him as long as he lived, in consideration of which, such party was to leave the plaintiff his property by will, and continued to work under this contract for about eight months, when, owing to a misunderstanding, the plaintiff left the house, but continued to work the farm, and such party, prior to his death, devised his property to another: Held, in a suit against the estate, to recover for the services, that the jury were warranted in finding that the contract had been abandoned by consent, and in finding for the plain, tiff the value of his services.</p>