Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 14; V. 24 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1861 Excerpt: ...he has done, the measure of damages being the contract price agreed to be paid in proportion to the whole work. When the suit is brought upon a general indebitatus assumpsit, for work and labor, the defendant may defend, by showing a special contract, and the plaintiff cannot recover unless he shows that, though the work was not done as by the contract, that it has been appropriated and enjoyed by the defendant, and in that case the special contract affords the rule of damages, so far as it can be traced and followed, less any amount the defendant Clark v. Livingston County. may justly recoup for injury, for non-performance of the contract. There was contradictory evidence in this case, whether there was a special contract or not, and also if there was, whether the plaintiff has performed it, and though we might not have reached the same conclusions the jury did, we cannot say they have so mistaken the evidence as to justify our interference. As to the law of the case, it was stated correctly, in substance, by the court, in disposing of the various instructions. Though not strictly correct in some particulars, they could not have misled the jury in any way. All the facts were fully before them, and we are disposed to think they have done justice between the parties. The judgment must be affirmed. Judgment affirmed. John Clark, Plaintiff in Error, v. Livingston County, Defendant in Error. EBBOE TO WOODFORD. The Supreme Court of this State has not jurisdiction to enforce a decree against the United States. This bill alleges substantially that the Congress of the United States passed an act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits, approved Sept. 28,1850. The 3rd section limits the grant in effect to the l...