Badger v. Kerber
Citations
- 61 Ill. 328
Syllabus
<p>Contract—performance—withholding certificate. Where a party contracts to furnish stone to erect a building, with reference to stone from a particular quarry to be used, and the superintendent selected’ by the parties, and upon whose certificate payment was to'be made, recommends it, and the contractor uses it, and receives certificates after using it on a part of the building, the superintendent can not, capriciously or fraudulently,, refuse to give the contractor a certificate that he has completed his contract, on the pretext that the stone used was not of the proper kind, so as to deprive the contractor of'the price he was to receive for furnishing the stone for the building.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- setting out the text of the Indiana statute and noting that the Indiana legislature reenacted the 1981 statute verbatim in 1891
- setting out the text of the Indiana statute and recognizing verbatim reenactment of the 1881 law in 1891
Source: CourtListener parenthetical corpus (CC0).
Judges: Thornton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.