Frost v. Rand, McNally & Co.
Appellate Court of Illinois
Memorandum.—Assumpsit. In the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Declaration on the common counts; motion to exclude plaintiff’s testimony sustained; plaintiff appeals. Heard in this court at the Qctober term, 1893.
1Opinion of the CourtJustice Gary
The appellants were contractors for the ornamental iron work for a magnificent building erected by the appellee — a corporation — in the city of Chicago. They sued for money which they claimed was due, having completed their contract.
The case is very voluminous, but the question for us is in a small compass.
The contract between the parties was the usual one to pay “upon the presentation of certificates signed by the ” architects, and as the architects would not give the certificates, the court held that the appellants had no case. That under such contracts architects’ certificates are…
2Cases cited4 opinions
- Fowler v. DeakmanIllinois Supreme Court · 1876
- Nelson v. Pickwick Associated Co.Appellate Court of Illinois · 1889
- Roberts v. HughesIllinois Supreme Court · 1876
- Mills v. WeeksIllinois Supreme Court · 1859
3Cited by2 opinions
- W.H. Stubbings Co. v. World's Columbian Exposition Co.Appellate Court of Illinois · 1903
- Fitzgerald v. BennerAppellate Court of Illinois · 1905