Sperry v. Fanning

Citations

• 80 Ill. 371

Syllabus

<p>1. Contract—party not responsible for delay caused, by other party. If a party contracting to furnish and deliver cut stone for a building is ready and willing to deliver as required, but the other party is not then ready to receive the same, and after the delivery is commenced he is delayed in consequence of mistakes in the drawings and specifications furnished, by which he has to do a portion of the work a second time, he can not be held liable in damages for delay in completing the building, without his fault.</p> <p>2. Same—damages for delay. If a party agreeing to furnish the cut stone for a building is guilty of a delay in supplying the same within the time required, whereby the builder claims that he was deprived of rents in the spring, the usual time for leasing rooms, he must show that the building would have been completed by the time for renting had it not been for the delay in delivering the stone, if he wishes to recoup damages in a suit for the price of the stone.</p> <p>3. Same—when personally binding onpandy making. If a person makes a contract, describing himself as guardian or trustee for another, and so signs the same, he will be personally liable, in the absence of an express provision showing clearly that both parties agreed to act upon the responsibility of the funds in his hands alone, or upon some other responsibility, or there appears some other circumstance clearly indicating another party who is bound by the contract, and upon whose credit alone it is made.</p> <p>4. The use of the name trustee, or other name of office or employment, by a promisor or contracting party, will not discharge him. Some one must be bound by the contract, and if he does not bind some other he binds himself, and the official name is then only regarded as describing and designating him.</p> <p>5. Guardian—when personally liable on contract. A guardian can not, by his own contract, bind the person or estate of his ward; but if he promises, on a sufficient conside