Johnson v. Hog

202 Ill. App. 253
Appellate Court of Illinois·Decided December 19, 1916·No. Gen. No. 21,775·Published

Opinion

Mr. Presiding Justice Barnes

delivered the opinion of the court.

4. Building and construction contracts, § 103*—when evidence sufficient to show waiver of architect’s certificate as final. In an action on a building contract, evidence held sufficient to show waiver of an architect’s certificate as a final certificate. 5. Building and construction contracts, § 103*—when evidence insufficient to impeach final certificate. In an action on a building contract, evidence held insufficient to show fraud or mistake which would impeach a final certificate issued by the architect. 6. Building and construction contracts, § 65*—what constitutes a final certificate. A final certificate issued by an architect is one which is issued after a job is done and whiclj. finally determines the rights of the parties as to money and disputes. 7. Set-off and recoupment, § 40*—when evidence insufficient to sustain plea of set-off. In an action on a building contract to recover a balance alleged to be due after the issuance of a final certificate and in which defendant filed a plea of set-off for alleged defects in construction, evidence held insufficient to sustain a plea of set-off.

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Johnson v. Hog, 202 Ill. App. 253 (Ill. Ct. App. 1916).

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