Legal Opinion

Arcade Co. v. Allen

Appellate Court of Illinois

Decided February 13, 1894PublishedCited by 4 opinions

Memorandum.—Assumpsit. Appeal from the Superior Court of Cook County; the Hon. James Hoggin, Judge, presiding. Heard in this court at the October term, 1893.

1Opinion of the CourtJustice Gary

The appellees sued for money due them on a building contract, and presented a final certificate from a superintending architect, pursuant to the contract between the parties.

The appellant vainly attempted to show on the trial that faults were in the work, nndiscoverable at the time the certificate was issued, but developed when water was let into the pipes in the building, for which deductions should be made.

If the defense had been proved, it would have made out a mistake- in the certificate for which proper allowance ought to be made. The court refused to admit the evidence, but the bill of…

2Cited by4 opinions

  1. Schanzenbach v. BroughAppellate Court of Illinois · 1895
  2. Baker ex rel. Brant v. NewburyAppellate Court of Illinois · 1896
  3. Alexander v. Brewerton Coal Co.Appellate Court of Illinois · 1930
  4. Harvey v. KeeganAppellate Court of Illinois · 1898

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