Compton v. William Payne.

Citation69 Ill. 354,1873 WL 8468
PartiesLIVINGSTON COMPTONv.WILLIAM PAYNE.
Decision Date30 September 1873
CourtSupreme Court of Illinois

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Cook county; the Hon. LAMBERT TREE, Judge, presiding.

Messrs. MARSH & MAYO, for the appellant.

Messrs. ROUNTREE & MCHUGH, and Mr. CHARLES BLANCHARD, for the appellee.

Mr. JUSTICE MCALLISTER delivered the opinion of the Court:

This was assumpsit, upon the common counts, brought in the Cook circuit court, by William Payne, against Livingston Compton, to recover for work and labor upon an implied undertaking. Issue having been joined upon the plea of non-assumpsit, on trial by jury, there was a verdict for the plaintiff, on which the court, overruling defendant's motion for a new trial, gave judgment. The evidence and exceptions upon the trial having been preserved by bill of exceptions, the defendant brings the case here by appeal.

From the evidence, it appears that the recovery was based upon an implied assumpsit, arising upon a supposed benefit of the work and labor to the defendant, while it also appears, by the clear weight and preponderance of the evidence, that the work and labor sued for were done and performed under a special written contract, under seal, between one Reuben H. Compton of the one part, and the plaintiff and John Payne of the other part.

In Walker v. Brown, 28 Ill. 378, which was such a case, it was held that where work is done under a special contract, the suit must be between the parties to the contract, and that third persons, though benefited by the work done, can not be sued upon an implied assumpsit; that an implied undertaking can not arise as against one benefited by the work, when such work was done under a special contract with other persons.

It follows that the action in this case is misconceived, and the judgment of the court below must be reversed.

Judgment reversed.

To continue reading

Request your trial
7 cases
  • Midcoast Aviation, Inc. v. General Elec. Credit Corp., 89-2462
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 30. August 1990
    ...will not impose a quasi-contractual obligation in such a case upon the benefiting third party. In general, this is true. See Compton v. Payne, 69 Ill. 354 (1873); Walker v. Brown, 28 Ill. 378 (1862); Premier Elec. Constr. Co. v. LaSalle Nat'l Bank, 132 Ill.App.3d 485, 87 Ill.Dec. 721, 729-3......
  • Reed v. Baggott
    • United States
    • United States Appellate Court of Illinois
    • 31. Oktober 1879
    ... ... G. G. GIBONS, for appellant; as to privity of contract, cited Compton v. Payne, 69 Ill. 354; Walker v. Brown, 28 Ill. 378; Foley v. Bushway, 71 Ill. 386; Pfirshing v ... ...
  • Wilcox v. Dodge
    • United States
    • United States Appellate Court of Illinois
    • 31. Oktober 1882
    ...Scam. 428. The suit and recovery is on the contract and by that the plaintiffs must stand or fall: Walker v. Brown, 28 Ill. 378; Compton v. Payne, 69 Ill. 354; Foley v. Bushway, 71 Ill. 386. Where evidence is conflicting, instructions should be accurate: Volk v. Roche, 70 Ill. 299; Cashman ......
  • Daley v. G'Sell, 80-2301
    • United States
    • United States Appellate Court of Illinois
    • 11. Dezember 1981
    ...to the agreement; third parties are not liable on the basis of an implied undertaking even if they are benefited by the work. (Compton v. Payne (1873), 69 Ill. 354; Walker v. Brown (1862), 28 Ill. 378.) In Walker, one Shergold contracted on behalf of himself and Walker to have work done by ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT