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Luther Williams, Trading as L. Williams and Son, Appellee, v. Howard Ames, Appellant.

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.

Opinion by PRESIDING JUSTICE SULLIVAN.

Not to be published in full. Opinion filed December 31, 1946; rehearing denied January 14, 1947; released for publication January 15, 1947.

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WILLIAMS v. AMES
(Dec 31, 1946)