Hart v. Carsley Manufacturing Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge HanECy, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District affirming a judgment for $7499.36 rendered by the circuit court of Cook county against the appellants and in favor of appellee.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge HanECy, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District affirming a judgment for $7499.36 rendered by the circuit court of Cook county against the appellants and in favor of appellee. On June 29, 1901, appellants entered into a written contract with the appellee, by which the latter agreed to furnish certain material for and install and finish _ certain work in and upon seven residences which…
1Opinion of the CourtJustice Scott
This was a building contract. By its terms the right to recover was dependent upon the builder obtaining the certificate of the architect showing the amount due. This appellee was unable to do. Under these circumstances the builder was permitted to recover upon the common counts. In this we think there was error. In such case recovery should only be had on the contract, upon a declaration setting • up the contract, averring performance as to furnishing the material and performing the work, and stating the reason for the builder’s failure to satisfy the condition precedent and comply with the…
2Cases cited3 opinions
- Michaelis v. WolfIllinois Supreme Court · 1891
- Foster v. McKeownIllinois Supreme Court · 1901
- Palmer v. SawyerMassachusetts Supreme Judicial Court · 1873
3Cited by17 opinions
- Feder v. Midland Casualty Co.Illinois Supreme Court · 1925
- Concord Apartment House Co. v. O'BrienIllinois Supreme Court · 1907
- Halvorson v. Blue Mountain Prune Growers CooperativeOregon Supreme Court · 1950
- Hoskins v. Powder Land & Irr. Co.Oregon Supreme Court · 1918
- Archibald v. Board of EducationAppellate Court of Illinois · 1959
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