Legal Opinion

McAuley v. Carter

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 24 opinions

This is a suit for a mechanics’ lien. The petition was filed in the Cook County Circuit Court, November 6,1857, and sets forth that the petitioners entered into a written agreement with the defendant, bearing date the 25th day of April, A. I). 1856, whereby they agreed to build, finish and complete in a careful, skillful and workmanlike manner, to the full and complete satisfaction of W. W. Boyington, or his assistant superintendent, the mason work of a marble front dwelling…

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This is a suit for a mechanics’ lien. The petition was filed in the Cook County Circuit Court, November 6,1857, and sets forth that the petitioners entered into a written agreement with the defendant, bearing date the 25th day of April, A. I). 1856, whereby they agreed to build, finish and complete in a careful, skillful and workmanlike manner, to the full and complete satisfaction of W. W. Boyington, or his assistant superintendent, the mason work of a marble front dwelling to be erected on Michigan Avenue, so as fully to carry out the design of said work as set forth in the specifications…

1Opinion of the CourtBreese, J.

By the contract between the parties in this case, it is provided that the work shall be done in a careful, skillful and workmanlike manner, to the full and complete satisfaction of W. W. Boyington or his assistant superintendent, and on completion of the contract the balance due shall be paid appellees, “ provided the said superintendent shall certify in writing that they are entitled thereto.” The appellees are required by the contract, to submit in all things to the judgment of the superintendent, and he is declared to be, “ superintendent of the work for the owner,” and the owner is also…

2Cited by24 opinions

  1. Hennessy v. MetzgerIllinois Supreme Court · 1894
  2. Cocalis v. NazlidesIllinois Supreme Court · 1923
  3. Pacaud v. WaiteIllinois Supreme Court · 1905
  4. Norton v. GaleIllinois Supreme Court · 1880
  5. Empson Packing Co. v. ClawsonSupreme Court of Colorado · 1908

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