Adler v. World's Pastime Exposition Co.

• Decision Date: 16 November 1888
• Citation: 126 Ill. 373,18 N.E. 809
• Parties: ADLER et al. v. WORLD'S PASTIME EXPOSITION CO. et al.
• Court: Illinois Supreme Court

126 Ill. 373

18 N.E. 809

ADLER et al.

v.WORLD'S PASTIME EXPOSITION CO. et al.

Supreme Court of Illinois.

November 16, 1888.

Appeal from appellate court, First district.

Petition for a mechanic's lien, brought by Dankmar Adler and Louis H. Sullivan against the World's Pastime Exposition Company and others. Petitioners appeal.

Moses & Newman, for appellants.

CRAIG, C. J.

This was a petition, brought by appellants against the World's Pastime Exposition Company and others, to enforce a mechanic's lien. The contract under which the services were performed for which a recovery is sought was in writing, and is as follows:

‘CHICAGO, April 27, 1886.

‘To the World's Pastime Exposition Co., for a compensation of five thousand (5,000) dollars, we propose to furnish preliminary sketches, complete working drawings and specifications, and general superintendence of building operations, and also to audit and make settlements of all accounts for an exposition building, pavilion, and grand stand, and other small buildings, to be erected for the World's Pastime Exposition on the grounds of the Cheltenham Improvement Co., Hyde Park, Illinois; and also to act as supervising architects of the general arrangement and improvement of grounds and accessories during the summer of 1886. Terms of payments to be as follows: Fifteen hundred (1,500) dollars cash June 1, 1886, and fifteen hundred (1,500) dollars cash upon the completion of the buildings and the settlement of all contracts. In all transactions between yourself and contractors we are to act as your agents, and our duties and liabilities in this connection are to be those of agents only. We guarantee the correctness of our drawings and accounts, and our calculations of strength of material and stability of structure, but our pecuniary liability in connection with this building is not to exceed in its total the gross amount of our compensation. A representative of our firm will make visits to the building for the purpose of general superintendence, of such frequency and duration as in our judgment will suffice or may be necessary to fully instruct contractors, pass upon the merits of material and workmanship, and maintain an effective working organization of the several contractors engaged upon the structure. We will keep upon our books a full and complete record of all matters connected with this building, and ledger accounts of all contracts and payments. Drawings and specifications are instruments of service, and as such are to remain our property. It is part of this proposal that of the total compensation of five thousand (5,000) dollars, three thousand (3,000) dollars are payable in cash, as above stipulated, and the remaining two thousand (2,000) dollars are payable in full-paid shares of the capital stock of the World's Pastime Exposition, certificate for same to be delivered to us at our option on or after July 1, 1886.

ADLER & SULLIVAN, Architects.

‘Approved and accepted, Chicago, April 29, 1886.

‘WORLD's PASTIME EXPOSITION, Proprietor.

(Seal)

‘MALCOLM McNEILL, President.

‘Attest: H. WINSTON WALKER, Secretary.’

The petition, among others, contains the following averment: That after the making of said contract, on and after the 29th of April, 1886, and in compliance with the terms and provisions of the same, complainants commenced the work under said contract, and furnished to said company the sketches, drawings, and specifications therein mentioned and described, and proceeded to and did superintend the erection and completionof said buildings and structures, and did make settlements of all accounts, and did all other things requisite of them by the terms of said contract in reference to said buildings, and so continued their duties under such contracts until all of such buildings and structures were completed and...