Schwartz v. Saunders

Citations

• 46 Ill. 18

Syllabus

<p>1. Contracts—abandonment. Where a party undertakes, under a contract, to do a thing, not of itself impossible, he must do it, before he can reap any advantage from the contract.</p> <p>2. Same—mechanic's lien. Where a party contracted with another to do the carpenter work on a brick building then in the course of erection, tobe paid for as his work progressed, on estimates to be furnished by the architect of the building, and the brick wall was blown down, after an estimate had been made, and before the contract was completed, and he was unable to proceed by reason thereof, and the owner of the building refused to pay the amount of the estimate according to the contract: Held, that the contractor, under such circumstances, was justified in abandoning the contract, and was entitled to enforce a mechanic’s lien for the work done.</p> <p>3. A carpenter made a contract with the owner of a building then in the course of construction, to do the carpenter work and furnish the materials therefor, the work to be paid for as it progressed, upon estimates to be furnished by the architect, and the owner refused to pay the amount of the estimate according to contract: Held, that this would .justify the carpenter in abandoning the contract.</p> <p>4. The plaintiff entered into a contract with the defendant, to do the carpenter work and furnish the materials therefor, upon a brick building; the mason work was to be done by another and independent contractor; after the brick work was nearly completed, and a part of the carpenter work done, the brick walls were blown down: Held, that the loss as to the carpenter work fell upon the defendant.</p> <p>5. If, however, the plaintiff had contracted to erect an entire building for the defendant, and before it was completed, it was destroyed, the loss would fall on the plaintiff.</p> <p>6. Mechanic's Lien—rights of married women—estoppel.—-If a contract for the erection of a building is made by the husband, and the same is erected on the