Elgin, Joliet & Eastern Railway Co. v. Northwestern National Bank
Appellate Court of Illinois
Mechanic’s lien. Appeal from the Circuit Court of Lake county; the Hon. Charles H. Donnelly, Judge, presiding. Heard in this court at the April term, 1911. Certiorari denied by Supreme Court (making opinion final).
1Opinion of the CourtJustice Willis
The Railway Co. proved no actual damages, but contends that the Bank is not entitled to the fund because the Railway Co. was entitled to $250 per day as liquidated damages from August 15, 1898, until December 14, 1898, when it is alleged the work was entirely completed. This would make the damages amount to approximately $30,000. Under the contract the full consideration for the work was not to exceed $24,000 and the engineer’s final estimate showed the actual cost to be $21,897. Under this construction of the contract the Railway Co. might take from the Crouch Co. the completed work for…
2Cases cited17 opinions
- Storey v. StoreyIllinois Supreme Court · 1888
- Scofield v. TompkinsIllinois Supreme Court · 1880
- Street v. Chicago Wharfing & Storage Co.Illinois Supreme Court · 1895
- Vermont Street M. E. Church v. BroseIllinois Supreme Court · 1882
- McGraw v. BayardIllinois Supreme Court · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hamilton v. American Gage & MacHine Corp.Appellate Court of Illinois · 1976
- General Telephone Co. of Illinois v. RobinsonDistrict Court, C.D. Illinois · 1982
- Reserve Ins. Co. v. General Ins. Co. of AmericaAppellate Court of Illinois · 1979
- Morrison v. RiemanCourt of Appeals for the Seventh Circuit · 1919
- Chicago Mill & Lumber Co. v. TownsendAppellate Court of Illinois · 1916
9 more not listed; retrieve them via the Exa API.