Heberlein v. Wendt
Appellate Court of Illinois
Mechanic’s Lien. — Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900.
1Opinion of the CourtJustice Waterman
By the contract the architect was made the arbiter and judge as to the proper doing of the work, and his certificate is conclusive unless shown to have been mistakenly or fraudulently issued. Store v. Heissler, 120 Ill. 433; Arnold v. Bournique, 44 Ill. App. 199.
Nothing of the kind was made to appear. His judgment may have been faulty, but it does not appear that he miscalculated or acted improperly. And this is true although there were a few slight things to be and which were done after the certificate was issued, and the ■ court also found that a sideboard and a door were not quite up to…
2Cases cited8 opinions
- Smith v. NewlandIllinois Supreme Court · 1865
- Stose v. HeisslerIllinois Supreme Court · 1887
- Miller v. JenkinsIllinois Supreme Court · 1867
- McIntosh v. SaundersIllinois Supreme Court · 1873
- Mills v. WeeksIllinois Supreme Court · 1859
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3Cited by1 opinion
- Pippy v. WinslowOregon Supreme Court · 1912