Crane Elevator Co. v. Clark
Court of Appeals for the Seventh Circuit
In Error to tbe Circuit Court of the United States for the Northern District of Illinois. This is an action of assumpsit brought by Crane Elevator Company, the plaintiff in error, to recover the unpaid balance of the contract price for the furnishing and construction in a 12-story and basement building in the city of Chicago of three high-pressure hydraulic passenger elevators.
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In Error to tbe Circuit Court of the United States for the Northern District of Illinois. This is an action of assumpsit brought by Crane Elevator Company, the plaintiff in error, to recover the unpaid balance of the contract price for the furnishing and construction in a 12-story and basement building in the city of Chicago of three high-pressure hydraulic passenger elevators. O. Everett Clark, the defendant in error, was the contractor for the construction of the building for William D. Boyce, the owner. The declaration contained a special count setting forth the contract with the plaintiff…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). The contract between the parties provided that one-half part of the contract price should be paid “when the plant is running to the satisfaction of the architect, and has been accepted by him.” This clearly constituted him the arbiter of disputes between the parties to the contract with respect to its performance. The general doctrine is not disputed, that, when the payment of the contract price is conditioned upon the obtaining of the umpire’s certificate, such certificate is a condition precedent to the right of the contractor to recover the contract…
2Cases cited22 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Bond v. DustinSupreme Court of the United States · 1884
- United States v. RobesonSupreme Court of the United States · 1835
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3Cited by16 opinions
- Consumers Gas Trust Co. v. LittlerIndiana Supreme Court · 1904
- Bush v. JonesCourt of Appeals for the Third Circuit · 1906
- City of Elizabeth v. FitzgeraldCourt of Appeals for the Third Circuit · 1902
- N. S. Sherman MacH. Co. v. DunSupreme Court of Oklahoma · 1911
- Howard County v. PeshaNebraska Supreme Court · 1919
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