Parmly v. Ferris
Parmly v. Ferris
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.