Clark v. Busse

Citations

• 82 Ill. 515

Syllabus

<p>1. Contract—rights of contractors and sub-contractors. Where a subcontractor has performed substantially all the work his contract calls for, and, before the entire work to be performed by the original contractor is done, the building is destroyed by fire, and the owner of the building and the original contractor make a settlement, in which deductions are made of the value of whatever remained unperformed under the sub-contract, the sub-contractor will be entitled to recover from the original contractor for the work actually done by him, notwithstanding some things of minor importance may not have been performed in accordance with the sub-contract.</p> <p>2. Same—efect of destruction of building before completion. The rule that unless a contract for the erection of a building provides against contingencies that may happen during the progress of the 'work, the loss, if any occurs, will fall upon him who has agreed to do any given work that is possible to be done, because his agreement is to that effect, and he is not excused from performance by reason of its sudden destruction, can have no just application to a sub-contractor who has simply undertaken to do a distinct portion of the work.</p>