{ "id": 4952802, "name": "Sarah Wolf v. F. W. Michaelis", "name_abbreviation": "Wolf v. Michaelis", "decision_date": "1888-09-19", "docket_number": "", "first_page": "336", "last_page": "338", "citations": [ { "type": "official", "cite": "27 Ill. App. 336" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "120 Ill. 154", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5385656 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ill/120/0154-01" ] } ], "analysis": { "cardinality": 313, "char_count": 4633, "ocr_confidence": 0.41, "pagerank": { "raw": 3.3782593518950083e-07, "percentile": 0.8762346762301586 }, "sha256": "8deae68fda091d8b1265ed97271603c6a6faab24970d85703ae6c106f4829c98", "simhash": "1:2a8dadd12fc1988a", "word_count": 767 }, "last_updated": "2023-07-14T20:38:40.638408+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Sarah Wolf v. F. W. Michaelis." ], "opinions": [ { "text": "Garnett, J.\nThis is an appeal from a decree fora mechanic\u2019s lien for $1,450 in appellee\u2019s favor against the property of appellant. The contract between the parties was in writing (Edward G. Elleock being named therein as the architect), and by its terms appellant was to pay appellee $5,450 for the\u00bb work and materials specified.\nThe contract price was to be paid in six installments, the first, second and third amounting in the aggregate to 82,000, to be paid at various stages of the work; the fourth ($2,000) when the building was finished, the fifth ($1,000) thirty days thereafter, and the sixth ($450) in six months thereafter. But in the contract it was provided u that in each case of said payments a certificate shall be obtained from and signed by the said Edward G. Elleock, architect, to the effect that the work is done in strict accordance with drawings and specifications; and that he considers the payment properly due; said certificate, however, in no way lessening the total and final rcsponsibility of the contractor.\u201d The bill makes no allegation that the architect ever issued or refused to issue any certificate, nor is any fact therein stated as an excuse for not securing certificates for the amounts claimed.\nThe answer of appellant sets forth the written contract in haee verba, and alleges that certificates for the installments sued for were not obtained by complainant. The bill should have averred the issuing of the certificates or that they were fraudulently withheld by the architect. Barney v. Giles, 120 Ill. 154; Barton v. Herman, 11 Abb. Pr. (N. S.) 378.\nAs said by the court in Barney v. Giles, supra, \u201c The contract being the foundation of the petitioner\u2019s proceeding, and being in all respects lawful and valid, it can be enforced only as the parties have made it.\u201d On the hearing, parol evidence was introduced over the objection of the appellant, tending to show that a - certificate had been made and delivered by the architect to appellee for \u00a7300 remaining' unpaid on the fourth installment. If that was material evidence, its reception was error, as no foundation was laid for secondary evidence. There was nothing else tending to prove the making and delivery of such certificate. For the same purpose, a record of judgment in favor of appellee against appellant for said .\u00a7300 xvas introduced in evidence by appellee. But all the evidence upon which that judgment was rendered is not given .in this record, and for aught that appears the judgment may have been based on a waiver of the certificate and a distinct promise of appellant to pay that amount. There was no averment in the bill warranting the introduction of any evidence on this question and it should all have been excluded.\n, But, if it had been satisfactorily proven that a certificate was given by the architect for the balance of the fourth installment, that would not excuse appellee from securing and presenting certificates for the fifth and sixth installments. The fifth was not payable until thirty days after the completion of the building, and the sixth was postponed six months. If the work and materials appeared all right when completed, serious defects might have been discovered before either of the last two installments became duo. The contract between the parties is framed in terms that leave no room for construction as to the necessity of a certificate before each installment became due. Until that stipulation in the contract is complied with, waived or excused in some manner recognized \"by law, there can be no recovery. The allegations of the bill are fatally deficient in this respect. The decree is reversed and remanded.\nReversed and remanded.", "type": "majority", "author": "Garnett, J." } ], "attorneys": [ "Mr. Moses Salomon, for appellant.", "Mr. Levi Sprague, for appellee." ], "corrections": "", "head_matter": "Sarah Wolf v. F. W. Michaelis.\n\"Mechanic's Lien \u2014 Architect's Certificates \u2014 Defective Bill \u2014 Evidence\u2014 Improper Admission of \u2014 Secondary Evidence.\n1. Where a contract for labor and materials to be used in the erection of a building requires a certificate from the architect before each installment becomes due, a bill for a mechanic\u2019s lien can not be maintained, unless it appears that such stipulation has been complied with, waived or excused in some manner recognized by law.\n2. In the case presented, in the absence of any allegation that the architect ever issued or refused to issue the certificates required, or statement of any matter of excuse for failure to secure such certificates, the evidence touching the question was improperly admitted.\n[Opinion filed September 19, 1888.]\nAppeal from the Circuit Court of Cook County; the Hon. Lorin C. Collins, Judge, presiding.\nMr. Moses Salomon, for appellant.\nMr. Levi Sprague, for appellee." }, "file_name": "0336-01", "first_page_order": 332, "last_page_order": 334 }