Tobey v. Price
| Decision Date | 30 September 1874 |
| Citation | 1874 WL 9315,75 Ill. 645 |
| Parties | CHARLES TOBEYv.WILLIAM PRICE et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Superior Court of Cook county; the Hon. JOSEPH E. GARY, Judge, presiding. This was an action of assumpsit, brought by William Price and Ansel B. Cook against Charles Tobey. The written contract of the parties under which the plaintiffs performed labor, etc., provided that they should furnish all the materials, and perform all the necessary labor under the head of mason's work in the erection of a building for the defendant, and that the defendant, through other contractors, should furnish the iron work and cut stone for the building. The opinion of the court states the other material facts.
Mr. JOHN VAN ARMAN, for the appellant.
Mr. H. M. SHEPARD, for the appellees.
This was assumpsit, in the Superior Court of Cook county, on the common counts, for labor and materials furnished by the plaintiffs to the defendant, and for extra work, and damages for delay in furnishing iron, cut stone and other material, on the part of the defendant. The cause was tried on the general issue, by the court, without a jury, and there was a finding and judgment for the plaintiff, for twelve hundred and eighty-seven dollars and thirty-six cents. The defendant appeals.
The contract was in writing, and the work, though not entirely completed in the time specified, was accepted by defendant, without objection, as in performance of the contract.
The only matter of complaint by appellant is the allowance by the court of damages on account of the delay in iron and stone cutters' work.
The iron and stone cutters' work were, by the contract, to be furnished by other contractors with the defendant. The contract provides that the plaintiffs should do their work in connection with the other mechanical work on the building, and complete it by the 1st of August, 1872. The contract was made April 22, 1872. The building fronted on two streets, the first story of which was fitted with columns, between which the cast iron work and cut stone work was to be placed in position and backed up with brick. This backing up with brick was part of the plaintiffs' contract, and it was to be done in connection with the iron and stone work.
The proof shows defendant did not furnish his iron work until about the middle of July, nor the cut stone work until near the last of November.
The plaintiffs ...
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...has the right to recover increased-cost-of-performance damages resulting from delay caused by default of the contractee. (Tobey v. Price (1874), 75 Ill. 645; Consumers Construction Co. v. County of Cook (1971), 1 Ill.App.3d 1087, 275 N.E.2d 696; W.H. Stubbings Co. v. World's Columbian Expos......
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...Contracts §135; Id. §73; 17 C.J.S. Contracts §493; Stubbings Co. v. World's Columbian Exposition Co., 110 Ill.App. 210, 221; Tobey v. Price, 75 Ill. 645; Weeks v. etc., of Trinity Church, 56 A.D. 195, 200, 67 N.Y.S. 670. This claim is not one for " extras" and, therefore subject, as in the ......
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Ramsey v. Tully
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