#### James Goggin, Appellee, v. Margaret A. Collins, Appellant.

Gen. No. 22,701.

(Not to be reported in full.)

Abstract of the Decision.

Building and construction contracts, § 61 * —when issuance of certificate by architect is fraudulent and not binding. In a suit for a mechanic’s lien, based upon a contract providing that payment should be made to the contractor upon the architect’s certificates as the work progressed and that the architect’s final certificate *343should be conclusive on the parties, where the architect had written to the contractor a letter stating that his work was unsatisfactory and inclosed an account charging the contractor with a certain amount for inferior work and for delay at a rate provided in the contract, and thereupon the building was turned over to the owner and the architect settled with and discharged, held that a subsequent certificate issued by the architect to the contractor for a certain amount as due from the owner to the contractor was a fraud upon the owner and not binding upon her.

*342Appeal from the Circuit Court of Cook county; the Hon. David P. Matchett, Judge, presiding. Heard in this court at the October term, 1916.

Reversed and remanded with directions.

Opinion filed March 12, 1917.

Rehearing denied March 26, 1917.

Statement of the Case.

Suit by James Goggin, complainant, against Margaret A. Collins, defendant, for a mechanic’s lien. From a decree establishing the lien for the sum claimed, eight hundred dollars, defendant appeals.

Comerford & Cohen, for appellant.

Carl O. Beroth, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Holdom

delivered the opinion of the court.