Rawle v. Gilmore
Appellate Court of Illinois
Assuntpit, for a balance due on a contract. Trial in the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Verdict and judgment for defendant. Appeal by pi an tiff.
1Opinion of the CourtJustice Sears
It was contended by appellee in the trial court, as here, that the suit of appellant could not be maintained because:
1st. He had failed to obtain a certificate of the architect, a condition precedent to right of payment, as provided by the contract, and had not sufficiently excused such failure.. 2d. He had not complied with the provisions of section 35 of the mechanic’s lien act.
The trial court, acting upon one of these grounds, and it would seem from the bill of exceptions to have been the second, held that appellant could not recover.
We have, then, to determine whether the jury would have…
2Cases cited5 opinions
- Arnold v. BourniqueIllinois Supreme Court · 1893
- Snell v. BrownIllinois Supreme Court · 1873
- Badger v. KerberIllinois Supreme Court · 1871
- Floyd v. RathledgeAppellate Court of Illinois · 1891
- Burnside v. O'HaraAppellate Court of Illinois · 1889
3Cited by5 opinions
- Roosevelt University v. Mayfair Construction Co.Appellate Court of Illinois · 1975
- National Wrecking Co. v. Midwest Terminal Corp.Appellate Court of Illinois · 1992
- Nave v. TaugherCalifornia Court of Appeal · 1920
- Cityline Construction Fire and Water Restoration, Inc. v. RobertsAppellate Court of Illinois · 2014
- National Wrecking Co. v. MIDWEST TERM. CORP.Appellate Court of Illinois · 1992