Miller v. Botto

Citations

• 79 Ill. 535

Syllabus

<p>Contract—construction. A builder had taken a contract to erect a building, and bought brick at §7 per thousand to be used therein, and while the same were being delivered he sub-let the mason work by contract with other parties, whereby they agreed to take the brick then being delivered on the ground, from the builder, at $7 per thousand, and have the same laid up in the walls at $10 per thousand, including the price of the brick at $7 per thousand, the brick work to be measured according to brick measurement in the walls: Held, that the true construction of the contract was, that the parties doing the brick work were to have §3 per thousand for their work, measured in the wall, and not §10 per thousand thereon, deducting .$7 per thousand only on the brick by kiln count.</p>