Clark v. Busse
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. Jonathan Clark had a contract with H. O. Stone to erect for him a four-story brick building.
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Appeal from the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. Jonathan Clark had a contract with H. O. Stone to erect for him a four-story brick building. Clark was to furnish all materials and do all labor to finish the entire building, except, perhaps, the plastering, in consideration of $27,800. The work was to be done under supervision of T. V. Wadskill, architect, and 85 per cent to be paid, as the work progressed, upon estimates to be made by the architect, and the remainder to be paid on completion of the work, upon the architect’s final certificate. Afterwards,…
1Opinion of the CourtJustice Scott
The variance between the declaration and proof, insisted upon, on examination, is not found to exist. The averment the work was to be paid for in “ installments from time to time,” is sufficiently proven by evidence it was to be paid for by a certain per cent of the estimates made from time to time as the work progressed. That was the agreement, and so all payments were made.
The contract between plaintiffs and defendant did not provide, nor was it in contemplation of the parties, the architect should give plaintiffs estimates of the value of work as it progressed, nor that they should be…
2Cases cited2 opinions
- Schwartz v. SaundersIllinois Supreme Court · 1867
- Havighorst v. LindbergIllinois Supreme Court · 1873
3Cited by5 opinions
- Butterfield v. ByronMassachusetts Supreme Judicial Court · 1891
- Teakle v. MooreMichigan Supreme Court · 1902
- Bailey v. BrownSummit Circuit Court · 1895
- Bailey v. BrownOhio Circuit Courts · 1895
- Chicago Edison Co. v. Huyett & Smith Manufacturing Co.Appellate Court of Illinois · 1896