Illinois Supreme Court September 15, 1871 (Catholic Bishop v. Bauer)

Mr. Justice Thornton

delivered the opinion of the Court:

This was an action of assumpsit for work and labor.

It is insisted that there can be no recovery, under the common counts, as there was an express contract, and stipulated price, for the work performed.

There is no liability, by implication of law, upon an express contract, executory in its provisions.