Citation Numbers: 69 Ill. App. 132
Judges: Waterman
Filed Date: 3/8/1897
Status: Precedential
Modified Date: 7/24/2022
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.