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Reports of Cases Determined in the Appellate Courts of Illinois (Volume 222)

Reports of Cases Determined in the Appellate Courts of Illinois (Volume 222)


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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. 1922. Excerpt: ... City of Aurora v. Lakin, 222 111. App. 480. 4. Bonds--allowance of interest in excess of penalty of sewer contractor's bond. The rule that Interest may be allowed In excess of the penalty of a bond given by the principal, to such an amount as accrued from the default of the sureties in unjustly withholding payment after being notified of the default of the principal, applied in an action on a sewer contractors' bond to recover the amount of a judgment against the city in an action by a traveler to recover for injuries sustained by reason of defects in the work. 5. Appeal And Error--final judgment for plaintiff in error on stipulated facts. Where, in an action on a sewer contractors' bond, a jury was waived and all the facts were stipulated, the judgment for defendants was reversed and the Appellate Court computed interest and rendered final judgment in favor of plaintiff. Error to the Circuit Court of Winnebago county; the Hon. Oscar E. Heard, Judge, presiding. Heard in this court at the April term, 1921. Reversed with finding of facts. Opinion filed November 2, 1921. Certiorari denied by Supreme Court (making opinion final). John N. Kames, Maurice F. Lord, J. J. Feldott, Charles W. Ferguson and J. C. Murphy, for plaintiff in error. A. D. Early and B. B. Early, for defendants in error. Mr. Presiding Justice Dibell delivered the opinion of the court. On June 2, 1896, the City of Aurora entered into a contract with Tole & Lakin, partners, to construct sewers in certain of its streets, to be paid for either by improvement bonds or cash collected from the sale thereof, pursuant to special assessment proceedings theretofore had. Specifications were attached to the contract. Tole & Lakin gave bond to secure their performance of the contract, on which E. H. Keel...


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Product Details
  • ISBN-13: 9781154245981
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 224
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1154245985
  • Publisher Date: 30 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 408 gr


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