B. J. Regnell Co. v. Meiswinkel

Appellate Court of Illinois

B. J. Regnell Co. v. Meiswinkel

191 Ill. App. 238

CourtAppellate Court of Illinois

DecidedJanuary 26, 1915

DocketGen. No. 20,287

StatusPublished

Cited by1 cases

This text of 191 Ill. App. 238 (B. J. Regnell Co. v. Meiswinkel) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

B. J. Regnell Co. v. Meiswinkel, 191 Ill. App. 238 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Justice Smith

delivered the opinion of the court.

2. Building and construction contracts, § 65*—when architect’s certificate conclusive as to performance. Where a contract provides that the architect’s final certificate shall be conclusive evidence of performance of the contract, such certificate, in an action of assumpsit brought thereon, is conclusive evidence, unless it is shown that it was obtained by fraud or mistake. 3. Judgment, § 106*—when judgment l>y default proper. Where averments of an affidavit of merits and set-off are no answer to a plaintiff’s claim based on a contract, and the admission of defendant render it unnecessary to introduce evidence to support the plaintiff’s claim, the court is authorized under sections 55, 56 of the Practice Act (J. & A. jflf 8592, 8593) to enter judgment as by default for the amount of the plaintiff’s claim.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Smith

delivered the opinion of the court.

2. Building and construction contracts, § 65*—when architect’s certificate conclusive as to performance. Where a contract provides that the architect’s final certificate shall be conclusive evidence of performance of the contract, such certificate, in an action of assumpsit brought thereon, is conclusive evidence, unless it is shown that it was obtained by fraud or mistake. 3. Judgment, § 106*—when judgment l>y default proper. Where averments of an affidavit of merits and set-off are no answer to a plaintiff’s claim based on a contract, and the admission of defendant render it unnecessary to introduce evidence to support the plaintiff’s claim, the court is authorized under sections 55, 56 of the Practice Act (J. & A. jflf 8592, 8593) to enter judgment as by default for the amount of the plaintiff’s claim.

Cite This Page — Counsel Stack

Bluebook (online)

191 Ill. App. 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/b-j-regnell-co-v-meiswinkel-illappct-1915.

Opinion

Related

Cite This Page — Counsel Stack