CASES IN THE SUPREME COURT OP ILLINOIS. ELDRIDGE V. RowE. [2 GILMAN, 91.] CONDITION PRECEDENT ON PLAINTIFF'S PART MUST BE PERFORMED and proved to entitle him to recover on a contract. PARTY HAVING PARTLY PERFORMED CONTRACT MAY RECOVER ON QUANTUM MERUIT or quantum valebat for the value of his labor or materials where the opposite party has accepted and appropriated the same, though not performed or delivered according to contract, when it was in his power to rescind the contract in toto on the ground of failure to perform it without abandoning his own property; otherwise not. But in case of such partial performance only, the plaintiff can not sue on the original agreement. LABORER VOLUNTARILY QUITTING EMPLOYER'S SERVICE BEFORE END OF TERM, where he has agreed to work on a farm for a specified period for an entire sum, can not recover for the labor performed, although the employer has appropriated the benefit of it, since it was not in the latter's power to rescind the contract in toto, without abandoning his own property. ACTION to recover for work and labor. Verdict and judgment for the plaintiff and the defendant appealed. The facts are stated in the opinion. O. Peters, for the appellant. A. Lincoln, for the appellee. YOUNG, J. This was an action originally commenced before a justice of the peace, by Rowe against Eldridge, to recover the sum of forty-seven dollars and sixty-two cents, for work and labor performed by Rowe for Eldridge, in which there was a 41 |