{
  "id": 5416737,
  "name": "W. A. L. Schaefer, Appellant, v. Benjamin G. Elser et al., Appellees",
  "name_abbreviation": "Schaefer v. Elser",
  "decision_date": "1916-12-18",
  "docket_number": "Gen. No. 22,446",
  "first_page": "222",
  "last_page": "223",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 222"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2260,
    "ocr_confidence": 0.562,
    "sha256": "84b8b7f8ef9413409892fd1905f32e1dd52901b3676ccde18172a90add76ffe9",
    "simhash": "1:87d142b3752c509c",
    "word_count": 366
  },
  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "W. A. L. Schaefer, Appellant, v. Benjamin G. Elser et al., Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dever\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Dever"
      }
    ],
    "attorneys": [
      "Albert Goetz, for appellant.",
      "Francis J. Sullivan and Thurecan, Hume & Kennedy, for appellee Benjamin G. Elser."
    ],
    "corrections": "",
    "head_matter": "W. A. L. Schaefer, Appellant, v. Benjamin G. Elser et al., Appellees.\nGen. No. 22,446.\n(Not to be reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in this court at the October term, 1916.\nReversed and remanded with directions.\nOpinion filed December 18, 1916.\nStatement of the Case.\nBill by W. A. L. Schaefer, a corporation, complainant, against Benjamin Gr. Elser et al., defendants, to foreclose a mechanic\u2019s lien against certain real estate of defendant Elser. From a decree modifying the master\u2019s report in which the complainant was allowed the full amount of its claim, complainant appeals, and defendant Elser assigns cross error.\nAlbert Goetz, for appellant.\nFrancis J. Sullivan and Thurecan, Hume & Kennedy, for appellee Benjamin G. Elser.\nAbstract of the Decision.\n1. Building and construction contracts, \u00a7 65 \u2014When decision of engineer may be impeached. The decision of an engineer pursuant to a contract providing that any controversy or dispute arising under it should be settled by the engineer, whose decision was to be binding upon the parties, may be impeached for fraud or mistake.\n2. Building and construction contracts, \u00a7 65*\u2014what are not final certificates. Certificates issued by an engineer before all the requirements of a building contract are met are not final certificates so as to be conclusive upon the parties under a contract providing that in case of controversy or dispute the engineer\u2019s decision in case of final certificates shall be binding upon the parties.\n3. Building and construction contracts, \u00a7 52*\u2014what amount owner may deduct from contract price where building contract not substantially performed. Where a building contract is not executed in substantial compliance with its terms, the owner has the right to deduct from the contract price what it would cost him to make the building conform to the plans and specifications agreed upon.\n4. Damages, \u00a7 14*\u2014what is basis for rules of assessment. The rules for the assessment of damages are based, in general, upon the principle of compensation.\nSee Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0222-01",
  "first_page_order": 248,
  "last_page_order": 249
}