Folliott v. Hunt

Decided April 15, 1859

Illinois Supreme Court · decided 1859-04-15

This was an appeal from the judgment of a justice of the peace in the county of Peoria, to the Circuit Court of that county. There was a trial by jury, before Powell, Judge, and a verdict and judgment for Hunt against Folliott for $102.20, from which Folliott appealed to this court.

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Decided 1859-04-15

How this case has been cited

Cited by 5 later decisions — most recently February 1916

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Caton, C. J.

¶1The second instruction given for the plaintiff below was wrong. We have repeatedly decided that where work is done under a special contract^ the price of the work must be governed by the stipulations of the contract, although the party may be justified in abandoning the contract, and bringing his action for the quantum meruit of the work. If under the circumstances, the plaintiff has suffered damages by the breach of the contract, over and above the .price of the work fixed by it, he must recover for su'ch breach, but that cannot influence the price he shall recover for the work he has done.

¶2The judgment is reversed, and the cause remanded.

¶3Judgment reversed.