Kipp v. Massin
Appellate Court of Illinois
Appeal from the Circuit Court of Livingston county; the Hon. Feanklin Blades, Judge, presiding. The appellants contracted with appellee, September 19, 1884, to construct a dwelling house on his farm, about six miles east of the town of Minonlc.
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Appeal from the Circuit Court of Livingston county; the Hon. Feanklin Blades, Judge, presiding. The appellants contracted with appellee, September 19, 1884, to construct a dwelling house on his farm, about six miles east of the town of Minonlc. The appellee was to do all the excavating necessary for the laying of all the walls, including cellar, cistern walls and piers, and deliver all materials necessary for the construction of the building on the ground ready and handy for the workmen. The appellants were to construct and lay the foundation walls 12 inches in thickness for the main…
1Opinion of the CourtLacey, J.
After a careful review of the testimony and a full consideration of that portion of it bearing on the controverted points in issue, we think the court erred in finding the issues on those points in favor of appellee; we are satisfied that the appellants' substantially complied with their part of the agreement and would have completely performed it had it not been for the refusal of appellee to allow them to proceed.
We think that the delays were caused by appellee, and that the appellants were not in fault in not completing the building within the time fixed in the contract, and hence that the…
2Cases cited1 opinion
- Sanger v. City of ChicagoIllinois Supreme Court · 1872
3Cited by2 opinions
- Kalina v. SteinmeyerAppellate Court of Illinois · 1902
- Strook v. JamiesonAppellate Court of Illinois · 1908