Opinion
Gen. No. 43,636. (Abstract of Decision.)
Opinion filed December 31, 1946 Rehearing denied January 14, 1947 Released for publication January 15, 1947
BUILDING AND CONSTRUCTION CONTRACTS, § 17 — substantial performance in good faith of building contract as sufficient for recovery. Judgment in plaintiff's favor in suit for contract price of sewer work would be affirmed, where defendant's testimony indicated that he acquiesced in plaintiff's deviation from terms of written contract, and evidence showed beyond question that there was substantial performance on plaintiff's part of contract as modified, since building contracts are to be liberally construed and substantial performance in good faith is sufficient to entitle recovery.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. VICTOR A. KULA, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the February term, 1946.
Charles B. Elder and Howard Ames, pro se, for appellant;
Ernest Kentwortz, for appellee.
Not to be published in full. Opinion filed December 31, 1946; rehearing denied January 14, 1947; released for publication January 15, 1947.