Parmly v. Ferris

Appellate Court of Illinois

Parmly v. Ferris

69 Ill. App. 132, 1896 Ill. App. LEXIS 295

DecidedMarch 8, 1897

StatusPublished

This text of 69 Ill. App. 132 (Parmly v. Ferris) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Parmly v. Ferris, 69 Ill. App. 132, 1896 Ill. App. LEXIS 295 (Ill. Ct. App. 1897).

Pincite

Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

The question in the court below was: Did appellees comply with their contract %

The work was to be completed in a first-class manner.

One of appellees testified that he did not say it was a first-class sidewalk; that it was a fair, ordinary walk, such as is being laid in Chicago by thousands.

Another .witness for appellees testified that the walk, when finished, appeared to be a good, fair walk, as good as is usually built; in good condition every -way.

The clear proponderance of the evidence is that the walk was never completed according to the contract. .

The testimony as to the insufficiency of the walk is such that the opposing testimony ivas greatly overcome.

The judgment of the Circuit Court is reversed, and the cause remanded.

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