Standard Asbestos Mfg. Co. v. Kaiser

Full title: Standard Asbestos Manufacturing Company, Appellant, v. E. W. Kaiser and A…

Court: Appellate Court of Illinois, First District

Date published: Nov 17, 1942

316 Ill. App. 441 (Ill. App. Ct. 1942)

45 N.E.2d 75

Opinion

Gen. No. 41,685. (Abstract of Decision.)

Opinion filed November 17, 1942 Rehearing denied December 8, 1942

BUILDING AND CONSTRUCTION CONTRACTS, § 62^_ — when subcontractors liable to sub-subcontractors. Where subcontractors, without authority from sub-subcontractor, entered into settlement agreement with general contractor, thereby releasing and discharging general contractor and owner from all claims that subcontractors had against general contractor and owner, including claim of sub-subcontractor, held that they wrongfully brought about extinguishment of claim of sub-subcontractor against general contractor and owner and were liable to pay sub-subcontractor amount owing to it.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. GEORGE F. RUSH, presiding.

Decree affirmed. Heard in second division, first district, this court at April term, 1941.

David H. Caplow and Bernard J. Brown, for appellant;

Bernard J. Brown, of counsel;

Jacob Levin and Arthur J. Goldberg, for appellees;

Arthur J. Goldberg, of counsel.

Opinion by PRESIDING JUSTICE SULLIVAN.

"Not to be published in full." Opinion filed November 17, 1942; rehearing denied December 8, 1942.