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Court of Appeals of Illinois, Second District
December 22, 2014
PYRAMID DEVELOPMENT, LLC, Plaintiff and Counterdefendant-Appellant,v.DUKANE PRECAST, INC., and M.B. FINANCIAL BANK, INC., Defendants and Counterplaintiffs-Appellees
Page 1186
[Copyrighted Material Omitted]
Page 1187
Appeal from the Circuit Court of Du Page County. No. 09-L-113. Honorable Terence M. Sheen, Judge, Presiding.
In a mechanic's lien action arising from a contract under which plaintiff construction manager was to build townhomes for the owner and plaintiff contracted with defendant to provide prefabricated concrete slabs to form the walls and floors but the slabs failed and the trial court then held a single trial on plaintiff's claim to foreclose its mechanic's lien, plaintiff's breach of contract claims against defendant, and the bank's claim for a setoff for attempted repairs, the appellate court determined that trial court properly denied plaintiff's claim against defendant and found that plaintiff was entitled to a mechanic's lien but that, in view of the trial court's decision to grant the bank a setoff for repairs in an amount exceeding plaintiff's lien, the lien was extinguished.
Kevin K. McQuillan, of McQuillan Law Office, LLC, of Naperville, for appellant.
Christopher W. Carmichael and Maureen Browne Schoaf, both of Holland & Knight LLP, of Chicago, for appellee M.B. Financial Bank, Inc.
Ryan J. Harrington, of Kuhn Mitchell Moss, LLC, of Naperville, for appellee Dukane Precast, Inc.
JUSTICE ZENOFF delivered the judgment of the court, with opinion. Justices Burke and Spence concurred in the judgment and opinion.
Page 1188
[¶1] This appeal arises out of mechanic's lien litigation stemming from construction of the Bluff Townhomes in Hinsdale, Illinois. For the reasons that follow, we affirm the trial court's judgment.
[¶3] In March 2007, Dr. Husam Aldairi and plaintiff, Pyramid Development, LLC, entered into a written contract for plaintiff to construct eight townhome units, which became known as the Bluff Townhomes, in unincorporated Hinsdale. The contract price was $3,030,000. Plaintiff was a construction manager, owned no equipment, had no employees, and hired subcontractors to do all of the work. Plaintiff's principal was Ramy Saif. When plaintiff and Aldairi contracted to build the Bluff Townhomes, they already had a working relationship. Plaintiff was working, or had worked, on approximately seven different projects for Aldairi. Regarding the Bluff Townhomes, Aldairi required plaintiff to submit sworn affidavits with each draw. Broadway Bank was Aldairi's lender. Defendant, M.B. Financial Bank, Inc. (Bank), is Broadway Bank's successor.
[¶4] Plaintiff contracted with defendant, Dukane Precast, Inc. (Dukane), to furnish prefabricated concrete slabs, which were to form the walls and floors of the townhomes. The contract price with Dukane was $1,040,000. Dukane delivered the materials, and they were incorporated into the townhomes. However, Saif noticed problems. The slabs were uneven; there were gaps between the walls and the floors; the electrical boxes in the walls were not even and straight; and the conduit between some of the walls was plugged with concrete.
[¶5] Completion of the townhome development required the erection of retaining walls, which held up dirt, on the property. The west wall was completed while plaintiff was still the general contractor, but due to burgeoning difficulties between plaintiff and Aldairi, Aldairi had someone else finish the contiguous north and east wall. Eventually that wall failed at the northeast corner. In January 2009, Aldairi terminated plaintiff.
[¶6] During lengthy litigation, Aldairi filed for bankruptcy protection. Aldairi entered into a consent judgment with the Bank, and the Bank eventually sold the property to a party not associated with the litigation. The Bank assumed the duty to pay plaintiff's mechanic's lien claim, and the Bank claimed that it had paid to repair the failed retaining wall. In June 2012, the trial court heard, in a single trial, plaintiff's claim to foreclose its mechanic's lien, Dukane's claim against plaintiff for breach of contract, plaintiff's claim against Dukane for breach of contract, and the Bank's claim for a setoff against plaintiff for the repair of the retaining wall. To aid in understanding the evidence, we treat the issues involving the mechanic's lien and the Bank separately from the issues involving plaintiff's and Dukane's breach-of-contract claims.
[¶7] The Mechanic's Lien Foreclosure
[¶8] This phase of the trial presented two issues: plaintiff's right to a mechanic's lien and the Bank's right to a setoff against any award to plaintiff. Plaintiff filed a claim for a lien on May 6, 2009. The lien claim states that plaintiff's last day of work was January 15, 2009, and that $235,000 was owed for improvements on the premises.
[¶9] Pursuant to Aldairi's request as the owner of the property, plaintiff furnished a contractor's sworn statement with each draw. In all, plaintiff submitted six draws.
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Aldairi approved the first five, and they were paid. Aldairi did not approve the sixth draw, which was not paid.
[¶10] A significant issue was what caused the retaining wall to fail. Saif testified that a cause of the failure was Aldairi's insistence on planting trees around it instead of the bushes called for in the original plans. According to Saif, the tree roots damaged the wall. Saif also testified that a heavy machine had fallen against the wall, causing damage. According to Dallas Williams, an architect presented by the Bank, the wall was built incorrectly. Williams took the wall apart and found that it contained too little of a material called geogrid, which was needed to give the wall structure. In Williams' opinion, the wall had to be rebuilt, and he testified that $145,000 was a reasonable cost to fix the wall. That amount was purportedly reflected on an invoice submitted by a contractor that had rebuilt the wall. Plaintiff's expert testified that it would cost approximately $70,000 to $80,000 to fix the wall.
[¶11] Another issue was the accuracy of the contractor's sworn affidavits that Saif prepared and submitted to Aldairi pursuant to Aldairi's request that such sworn statements accompany each draw. Saif admitted that the sworn affidavits were not accurate. According to Saif, the subcontractors' names listed on the affidavits were not accurate, because " the names honestly change all the time." Saif testified that, for example, Tri-Star Electric did the electrical work, but he did not list it on the affidavits for draws one through six. According to Saif, plaintiff did none of the actual work; however, he listed plaintiff on the sworn affidavits as having done various jobs. Saif testified that plaintiff did not keep any records of which subcontractors performed work on the Bluff Townhomes. According to Saif, " none of the numbers [on the sworn affidavits] are exact numbers." He testified that the numbers on the sworn affidavits were " estimates" and that the numbers reflected " large cushions on every single line item." Saif did not obtain lien waivers from any of the subcontractors.
[¶12] Plaintiff offered exhibit number 32A to support its lien claim. The group exhibit consisted of copies of canceled checks that Saif attributed to the construction of the Bluff Townhomes. He testified that he placed check marks next to those checks that pertained to plaintiff's lien claim. He also testified that the checks were originally written for all of Aldairi's projects, not just the Bluff Townhomes, and that he had to " decipher" prior to trial " what checks go where." According to Saif, that was " hard to figure out."
[¶13] Dukane's Concrete Work
[¶14] After Saif noticed the problems with Dukane's precast concrete slabs, Dukane representatives met with Saif on May 7, 2008, at the Bluff Townhomes to resolve the issues. One of Dukane's proposed solutions was to cut the prefabricated concrete walls to run conduit through them. Because those walls were load-bearing, Saif rejected that proposition. Plaintiff's expert, Adel Awad, testified that cutting and patching concrete was a bad solution, because the patched concrete would crack. As for repairing the uneven floors, Awad testified that the cost of the plywood needed for the repairs would vary from room to room and unit to unit. Saif's solution for the walls was to " fur" by placing wooden strips at various intervals on the walls, running conduit between the walls and the strips, and then installing drywall over the strips. Saif testified that the repairs were done by subcontractors that plaintiff hired.
[¶15] When the repairs were finished, plaintiff invoiced Dukane $240,000, as the cost of the completed repairs, which Saif
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said he " thought" Dukane had agreed to pay. The " itemized invoice," which was plaintiff's exhibit number 18, totaled $240,000 for " framing and material of 8 town house units," but it did not break down the numbers by listing the subcontractors that furnished the labor and materials. Instead, the invoice used base numbers, such as $4,000 for framing, and then multiplied that number times eight townhomes. Saif testified that he obtained the base numbers from the RS Means guide, which is a manual that construction contractors use to estimate construction costs. Dukane rejected plaintiff's " itemized invoice" and demanded " signed work sheets with labor hours and material invoices" for each item. In response, plaintiff submitted a document entitled " Dukane Repairs," which was plaintiff's exhibit number 40. The document listed subcontractors, the checks paid to them, and the dates they were paid. Exhibit 40 totaled repairs at $228,351.30. Saif again referenced plaintiff's exhibit 32A, the canceled checks. He testified that he had placed a " D" next to those that, as nearly as he could reconstruct, pertained to the repairs of Dukane's defective work. On cross-examination, Saif testified that none of the figures on any of the documents were accurate. Saif testified that he kept no records of which subcontractors performed work. Thad Martin Gleason, plaintiff's architect, priced the cost of repairs, also using the RS Means guide.
[¶16] For its part, Dukane presented evidence that its original contract price with plaintiff was $1,040,000. At the time of trial, plaintiff had paid Dukane $1 million. With approved and disputed extras, Dukane's net contract price was $1,070,545, leaving a balance due of $70,545. In closing argument, plaintiff admitted that it owed Dukane a balance under the contract, but it calculated the balance by deleting the amount of the disputed extras. Plaintiff argued that it owed Dukane $50,395.
[¶17] Plaintiff's Rebuttal Evidence
[¶18] During plaintiff's case-in-chief, Dukane elicited testimony pertinent to its counterclaim against plaintiff for the balance due under the contract, in order to accommodate the witnesses' schedules. When plaintiff rested its case-in-chief, it indicated that it would respond to Dukane's evidence in rebuttal. Plaintiff called Saif in rebuttal. Saif testified to matters responsive to the Bank's case-in-chief, but he was not questioned regarding Dukane's evidence. The Bank cross-examined Saif, but Dukane did not. Then, on redirect, plaintiff sought to question Saif about the Dukane matters. Dukane objected, and the court sustained the objection. Plaintiff's attorney stated, " All right. So we're done." Plaintiff did not make an offer of proof.
[¶19] The Trial Court's Judgment
[¶20] The trial court rendered its decision in a written memorandum. The court found Saif to be not credible. The court commented that he was " evasive and disruptive," and the court found that he was impeached on material issues. The court also found that plaintiff " literally had no records in relation to any work done" on the Bluff Townhomes. The court found that plaintiff had admitted owing Dukane a balance under the contract, which the court determined was $50,395. The court found that the disputed extras had come about after the controversy between Dukane and plaintiff arose. The court denied any recovery on plaintiff's claim against Dukane for the cost of repairs, finding that plaintiff did not sustain its burden of proof as to the cost of materials and labor. The court reasoned that a set fee was contrary to Awad's opinion that different " materials and amounts were need[ed] for each fix."
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The court further found that " there was no evidence that Dukane was not [ sic ] given an opportunity to cure its defective performance." The court stated that the evidence established that, if given a chance, Dukane would have been able to cure its defective performance.
[¶21] With respect to the issues between plaintiff and the Bank, the court found that plaintiff was entitled to a mechanic's lien because Aldairi and the Bank waived the requirement of section 5 of the Mechanics Lien Act (Act) (770 ILCS 60/5 (West 2008)) that the contractor provide sworn affidavits listing the names of all subcontractors and the amounts due or to become due. The court adjudicated plaintiff's mechanic's lien at $35,340.47. The court then found that the Bank was entitled to a setoff in the amount of $145,000 for the cost of repairing the retaining wall, based on Williams' testimony. The court ruled that, because the Bank's setoff exceeded the amount of plaintiff's lien, the lien was extinguished. Following the court's denial of its posttrial motion, plaintiff filed a timely appeal.
[¶23] Whether the Trial Court Correctly Granted the Bank a Setoff
[¶24] Plaintiff first contends that the Bank was not entitled to a setoff. Plaintiff argues that (1) the Bank did not plead a right to a setoff; (2) the Bank had no right to a setoff under the Act; and (3) if the Bank were entitled to a setoff, the trial court incorrectly calculated the amount of plaintiff's lien. The Bank argues that plaintiff's lien was invalid because of its failure to comply with section 5 of the Act. We are concerned here with the contractor's duty to give the owner a section 5 sworn affidavit and what happens when the owner pays the contractor despite the owner's notice of the falsity of the affidavit. The trial court believed that the owner waives the requirements of section 5, leaving the contractor's lien intact. On the other hand, the Bank argues that the failure to comply with section 5 defeats the contractor's lien. Only after we address this issue will we address plaintiff's arguments regarding the setoff, because if the Bank is correct, the issues surrounding the setoff will be moot. However, we note that plaintiff's first two arguments, which could have been raised earlier, were raised for the first time in plaintiff's posttrial motion. Issues raised for the first time in a posttrial motion will not be considered on review. Zdeb v. Baxter International, Inc., 297 Ill.App.3d 622, 630, 697 N.E.2d 425, 231 Ill.Dec. 871 (1998).
[¶25] The primary rule of statutory construction is to ascertain and give effect to the legislature's intent. Cityline Construction Fire & Water Restoration, Inc. v. Roberts, 2014 IL App. (1st) 130730, ¶ 9, 379 Ill.Dec. 809, 7 N.E.3d 235. The best evidence of legislative intent is the language of the statute, which is given its plain and ordinary meaning. Cityline, 2014 IL App. (1st) 130730, ¶ 9. It is well settled that the Act must be strictly construed with respect to all of the statutory requirements upon which the right to a lien depends. Cityline, 2014 IL App. (1st) 130730, ¶ 10. A mechanic's lien is valid only if each of the statutory requirements is scrupulously observed by the party invoking the benefits of the Act. Cityline, 2014 IL App. (1st) 130730, ¶ 10. The statute must be read as a whole and construed so that no part is rendered meaningless or superfluous. Weather-Tite, Inc. v. University of St. Francis, 233 Ill.2d 385, 390, 909 N.E.2d 830, 330 Ill.Dec. 808 (2009). The court will not depart from the statute's plain language by reading
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into it exceptions, limitations, or conditions that conflict with the legislative intent. Weather-Tite, 233 Ill.2d at 390. This appeal requires us to construe the Act, which we review de novo. People ex rel. Madigan v. Bertrand, 2012 IL App. (1st) 111419, ¶ 20, 978 N.E.2d 681, 365 Ill.Dec. 426
[¶26] The purpose of the Act is to protect contractors and subcontractors who furnish labor and materials that benefit the property, by permitting a lien on the premises. Weather-Tite, 233 Ill.2d at 391. The Act is comprehensive and defines the rights and responsibilities of parties involved in construction contracts. Sanaghan v. Lawndale National Bank, 90 Ill.App.2d 254, 257-58, 232 N.E.2d 546 (1967). The purpose of the contractor's section 5 sworn affidavit is to put the owner on notice of subcontractors' claims. Weather-Tite, 233 Ill.2d at 393. The owner has the right to rely and act upon the contractor's section 5 sworn affidavit unless the owner has any reason to suspect that it was false or knows that it was false. Knickerbocker Ice Co. v. Halsey Bros. Co., 262 Ill. 241, 245, 104 N.E. 665 (1914); Krack Corp. v. Sky Valley Foods, Inc., 133 Ill.App.2d 469, 472, 273 N.E.2d 202 (1971). The owner is protected against subcontractors that were not listed on the contractor's sworn affidavit unless the owner knows of the omissions or has colluded in their omission, in which case the subcontractor can enforce its lien against the owner. Gerdau Ameristeel US, Inc. v. Broeren Russo Construction, Inc., 2013 IL App. (4th) 120547, ¶ 29, 992 N.E.2d 27, 372 Ill.Dec. 488
[¶27] Section 5 of the Act provides in pertinent part:
" It shall be the duty of the contractor to give the owner, and the duty of the owner to require of the contractor, before the owner or his agent *** shall pay or cause to be paid to the contractor *** any moneys ***, a statement in writing, under oath or verified by affidavit, of the names and addresses of all parties furnishing labor, services, material, fixtures, apparatus or machinery, forms or form work and of the amounts due or to become due to each." (Emphasis added.) 770 ILCS 60/5 (West 2008).
The purpose of section 5 is to protect owners from the claims of unknown subcontractors. Gerdau, 2013 IL App. (4th) 120547, ¶ 29. The owner does this by requesting of the contractor a section 5 sworn affidavit listing the subcontractors and the amounts owed them or to become due to them. Abbott Electrical Construction Co. v. Ladin, 144 Ill.App.3d 974, 977, 494 N.E.2d 1251, 98 Ill.Dec. 924 (1986). Then, pursuant to section 24 of the Act, the owner must retain funds sufficient to pay the subcontractors. Weather-Tite, 233 Ill.2d at 392. However, if the owner does not request a section 5 sworn affidavit, the contractor is under no duty to give it ( Abbott, 144 Ill.App.3d at 977), and the owner is unprotected against having to pay twice for the same work. Lazar Brothers Trucking, Inc. v. A& B Excavating, Inc., 365 Ill.App.3d 559, 563, 850 N.E.2d 215, 302 Ill.Dec. 778 (2006). Where the owner requests a section 5 sworn affidavit, the contractor must give the owner the names of all parties furnishing labor or materials and the amounts due each of them, or to become due each of them, under oath or verified by affidavit, and the necessary names cannot be supplied by reference to lien waivers or other documents. Deerfield Electric Co. v. Herbert W. Jaeger & Associates, Inc.,
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74 Ill.App.3d 380, 385, 392 N.E.2d 914, 30 Ill.Dec. 149 (1979).
[¶28] Here, it is undisputed that Aldairi requested that plaintiff give him section 5 sworn affidavits with each draw. It then became plaintiff's duty to furnish sworn affidavits that complied with the technical requirements of section 5. See Abbott, 144 Ill.App.3d at 979 (if the owner requires that the contractor supply a list of subcontractors as described in section 5, the contractor must comply). It is also undisputed that plaintiff's sworn affidavits were not only noncompliant, but false. The falsity was apparent on the face of the sworn affidavits where plaintiff was listed, when plaintiff clearly was not a subcontractor and did not itself furnish any labor or materials. Because of Aldairi's long association with plaintiff over seven different projects, Aldairi must have been aware that plaintiff did none of the work. However, Aldairi approved, and the Bank paid, five draws pursuant to facially noncompliant sworn affidavits.
[¶29] Contrary to the trial court's ruling, Aldairi's knowledge could not affect plaintiff's duties under the Act. The plain language of section 5 provides that an owner waives the requirement that a contractor furnish a compliant sworn affidavit only by not requesting it. 770 ILCS 60/5 (West 2008). Therefore, an owner cannot, consistent with section 5, excuse a contractor's duty to provide a compliant sworn affidavit once the owner has requested the affidavit. In other words, there is no correlation between the owner's acceptance of a sworn affidavit and the contractor's right to a lien. Otherwise, courts would effectively be able to read the requirements of section 5 out of the Act.
[¶30] In Kiefer v. Reis, 331 Ill. 38, 162 N.E. 157 (1928), cited by plaintiff, the contractor provided the owner with a section 5 statement that was not sworn under oath. Kiefer, 331 Ill. at 46-47. However, both the owner and the contractor accepted that the amounts due the subcontractors were accurate. Kiefer, 331 Ill. at 47. Accordingly, the owner retained funds sufficient to pay the subcontractors the amounts due as shown on the unsworn statement. Kiefer, 331 Ill. at 47. Plaintiff cites Kiefer for the proposition that an owner can accept a noncompliant sworn affidavit. However, plaintiff ignores that, even though the owner in Kiefer accepted a deficient section 5 affidavit, that acceptance affected only the owner's relationship with the subcontractors. Kiefer, 331 Ill. at 47. The issue of whether the deficient affidavit defeated the contractor's lien was not raised.
[¶31] Later cases interpreting the Act hold that a contractor that furnishes a noncompliant sworn affidavit does not have a valid lien. The plain language of section 5 states that it " shall be the duty" of the contractor to give the owner, upon demand, an affidavit as described in section 5. 770 ILCS 60/5 (West 2008); Cityline, 2014 IL App. (1st) 130730, ¶ 13. In Deerfield, this court held that the contractor was not entitled to a mechanic's lien where it failed to furnish a sworn affidavit that complied with section 5. Deerfield, 74 Ill.App.3d at 386. In Weydert Homes, Inc. v. Kammes, 395 Ill.App.3d 512, 917 N.E.2d 64, 334 Ill.Dec. 467 (2009), this court held that the lack of a notary certificate on the section 5 affidavit defeated the contractor's lien. Weydert, 395 Ill.App.3d at 519. The First District followed Deerfield and Weydert in Cityline, even though the subcontractors had been paid, reasoning that courts cannot look past a contractor's failure to comply with section 5. Cityline,
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2014 IL App. (1st) 130730, ¶ 18 (" [W]e cannot look beyond Cityline's failure to comply with section 5 based upon equitable considerations such as whether the Owners were prejudiced by the lack of a sworn contractor's statement." ). Accordingly, we agree with the trial court that plaintiff was not entitled to recover on its lien, but for the reason that plaintiff's failure to comply with section 5 defeated the lien. We may affirm for any reason supported by the record regardless of the basis relied upon by the trial court. Goldberg v. Michael, 328 Ill.App.3d 593, 597, 766 N.E.2d 246, 262 Ill.Dec. 626 (2002). Having determined that plaintiff was not entitled to a mechanic's lien, we have no reason to address the issue of the Bank's setoff. We next address the issues relating to Dukane.
[¶32] Whether the Trial Court Correctly Found in Dukane's Favor and Against Plaintiff
[¶33] Plaintiff contends that the trial court (1) incorrectly assessed the amount of damages on Dukane's breach-of-contract action against plaintiff; (2) incorrectly ruled that plaintiff was not entitled to a setoff against any amount due to Dukane; and (3) improperly denied plaintiff the right to present rebuttal testimony in support of its right to a setoff.
[¶34] Plaintiff filed a claim against Dukane for breach of contract, alleging numerous deficiencies in Dukane's prefabricated concrete slabs. Dukane, in turn, filed a breach-of-contract action against plaintiff, alleging a balance due of $70,545 under the contract. Plaintiff then pleaded its alleged damages as a setoff against any amount found to be due to Dukane. However, in closing argument, plaintiff conceded that it owed Dukane $50,395, which was Dukane's demand less contested extras. The trial court found that Dukane was due a minimum of $50,395; that Dukane was not entitled to the disputed extras of $10,150; and that plaintiff had not proved its damages for repairing Dukane's defective work.
[¶35] Regarding Dukane's breach-of-contract claim, plaintiff argues that Dukane did not substantially complete its contract with plaintiff in a workmanlike manner and should not have been awarded any damages. The elements of a breach-of-contract action are: (1) a valid and enforceable contract; (2) performance by the plaintiff; (3) breach by the defendant; and (4) injury to the plaintiff. Timan v. Ourada, 2012 IL App. (2d) 100834, ¶ 24, 972 N.E.2d 744, 362 Ill.Dec. 29, The general rule in construction contract cases is that a party is held to a duty of substantial performance in a workmanlike manner and that the failure to perform in a workmanlike manner constitutes a breach of contract. Meyers v. Woods, 374 Ill.App.3d 440, 453, 871 N.E.2d 160, 312 Ill.Dec. 760 (2007). We will not disturb the trial court's determination unless it was against the manifest weight of the evidence. Meyers, 374 Ill.App.3d at 453.
[¶36] The trial court found that Dukane was entitled to recover $50,395 as the balance due on its contract with plaintiff, pursuant to plaintiff's concession in closing argument. On appeal, plaintiff maintains that a party cannot stipulate to damages in closing argument, citing Williams v. Cahill, 258 Ill.App.3d 822, 629 N.E.2d 1175, 196 Ill.Dec. 331 (1994). However, Williams was a personal injury case in which the plaintiff suggested to the jury in closing argument an amount that would reasonably compensate her for economic and noneconomic damages. Williams, 258 Ill.App.3d at 824. In Williams, the plaintiff's suggestion as to damages was not a judicial
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admission but merely an opinion. Williams, 258 Ill.App.3d at 826. Here, plaintiff's stipulation was that it owed Dukane a sum of money as payment on the contract price. The sum of $50,395 was calculated by subtracting the disputed extras from the full amount Dukane sought. The trial court found that Dukane was not entitled to the disputed extras, because they represented charges made after the controversy arose. By arguing on appeal that Dukane was due nothing on its contract, plaintiff is changing its theory. Plaintiff submitted to the trial court that it owed Dukane $50,395, and it cannot change its theory on review. See Hall v. Humphrey-Lake Corp., 29 Ill.App.3d 956, 962, 331 N.E.2d 365 (1975) (the theory upon which a case is tried cannot be changed on appeal). Consequently, the trial court's finding that plaintiff owed Dukane $50,395 was not against the manifest weight of the evidence.
[¶37] Regarding its claim for a setoff, plaintiff argues that the trial court erred in finding that it failed to prove its cost to repair Dukane's defective workmanship. Damages need not be proven with mathematical certainty, and a plaintiff need only present evidence that allows the court to compute damages within a fair degree of probability. Doornbos Heating & Air Conditioning, Inc. v. Schlenker, 403 Ill.App.3d 468, 487, 932 N.E.2d 1073, 342 Ill.Dec. 612 (2010). The issue of damages is a question of fact, and we will not reverse the trial court's determination unless it was against the manifest weight of the evidence. Doornbos, 403 Ill.App.3d at 485.
[¶38] The trial court found Saif to be not credible, because of his demeanor while testifying and also because he kept no records to substantiate plaintiff's damages claims. Saif admitted during Dukane's cross-examination that plaintiff does not keep accurate invoices or records of what jobs the subcontractors do. Saif also admitted that plaintiff does not have contracts or lien waivers that document subcontractors' work. Saif further admitted that " lots of people do the same work," and he had a hard time keeping track of who performed specific jobs.
[¶39] Plaintiff argues that its claim of $240,000 to correct Dukane's deficiencies is supported by an itemized invoice, which was the second page of plaintiff's exhibit number 18; Gleason's testimony; Saif's testimony; and canceled checks, which were part of plaintiff's exhibit number 32A. However, the documents cannot be reconciled. The itemized invoice totaled $240,000 for " framing and material of 8 town house units," but it did not break down the number by listing the subcontractors that furnished the labor and materials. Plaintiff's exhibit 40, entitled " Dukane Repairs," listed the subcontractors, the checks paid to them, and the dates they were paid. Exhibit 40 totaled repairs at $228,351.30. While the itemized invoice listed materials at $104,000, exhibit 40 listed materials at $22,462.25. The canceled checks that Saif attributed to Dukane repairs in exhibit 32A were Saif's best effort at reconstructing who was paid what amounts. According to Saif, plaintiff had one checkbook from which it paid everyone on every job, and plaintiff did not keep track of which amounts applied to which job. During Dukane's cross-examination, Saif admitted that none of the figures he supplied on any of the documents were accurate. Gleason submitted to Saif a cost estimate based on the 2009 RS Means guide, which is used in bidding construction jobs, so Gleason's testimony did not reflect plaintiff's actual payments for repairs. Basic contract law requires that
Page 1196
the plaintiff prove damages with reasonable certainty and precludes damages based on conjecture or speculation. Razor v. Hyundai Motor America, 222 Ill.2d 75, 106-07, 854 N.E.2d 607, 305 Ill.Dec. 15 (2006). The evidence must afford a reasonable basis for the computation of damages. Razor, 222 Ill.2d at 107. Here, the record did not afford the trial court with a reasonable basis upon which it could compute damages. Accordingly, its finding in favor of Dukane and against plaintiff was not against the manifest weight of the evidence.
[¶40] Plaintiff argues that plaintiff and Dukane agreed to a set fee of $240,000 for the repairs. The trial court found that a set fee was contrary to Awad's opinion that different materials and amounts were needed for each repair. Plaintiff contends that this finding was against the manifest weight of the evidence. However, Awad testified on cross-examination that the material costs would vary from room to room and unit to unit. Moreover, Dukane contested the $240,000 invoice and demanded signed work sheets with labor hours and material invoices for each item. During Dukane's cross-examination, Saif testified that he " thought" he and Dukane had an agreement. It is the trial court's role to assess the credibility of the witnesses, and where findings of fact are based upon credibility determinations, we will generally defer to the trial court. In re Commitment of Sandry, 367 Ill.App.3d 949, 979-80, 857 N.E.2d 295, 306 Ill.Dec. 202 (2006). The trial court found Saif to be not credible. Nothing in the record persuades us that this finding was against the manifest weight of the evidence. Accordingly, the trial court did not err in finding in favor of Dukane and against plaintiff on plaintiff's claim.
[¶41] Plaintiff next contends that the trial court improperly denied it the right to present rebuttal testimony to support its setoff claim against Dukane. During plaintiff's case-in-chief, Dukane elicited testimony pertinent to its counterclaim against plaintiff. Plaintiff then rested but indicated that it would respond to Dukane's counterclaim during rebuttal testimony. Plaintiff called Saif in rebuttal but neglected to address Dukane's case before it released the witness for cross-examination. The Bank cross-examined Saif, but Dukane did not. Plaintiff then attempted to explore the Dukane matter on redirect, but the trial court sustained Dukane's objection that the matter was beyond the scope of cross-examination. Plaintiff's attorney stated, " All right. So we're done." It is within the trial court's discretion whether to allow rebuttal testimony, and the court's determination will not be disturbed absent a clear abuse of that discretion. People v. Dresher, 364 Ill.App.3d 847, 862, 847 N.E.2d 662, 301 Ill.Dec. 652 (2006). Plaintiff has not alleged prejudice as a result of the trial court's ruling, and we are unable to review the issue because plaintiff did not preserve it by making an offer of proof. The key to preserving an error in the exclusion of evidence is an adequate offer of proof as to the nature of the proferred evidence. Turgeon v. Commonwealth Edison Co., 258 Ill.App.3d 234, 240, 630 N.E.2d 1318, 197 Ill.Dec. 194 (1994). The failure to make an adequate offer of proof forfeits the issue on appeal. Turgeon, 258 Ill.App.3d at 241.
[¶42] Plaintiff's final contention is that the cumulative errors denied it a fair trial. Because we have determined that the trial court committed no error, this argument is without merit. Accordingly, we affirm the
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judgment of the circuit court of Du Page County.
[¶43] Affirmed.
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|Cambridge, ON N3H1X9
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50-Hour Online Private Investigator Training for only $199.99. We are Ontario's largest Training Provider! Starting wage $20.00 per hour, and Kilometre reimbursement plus expenses paid. We have a large labor dispute approaching (January 2017) where brand new investigators can make $2,200 per week. The project still requires 25 additional investigators.
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subset: commoncrawl


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"Vörösmarty Square" Vorosmarty Square Tip by deeper_blue
Vorosmarty Square, Budapest: 28 reviews and 44 photos
Vörösmarty Square is an excellent place to wander. Around souvenir stalls, and quaint shops, it is somewhere you can become happily lost in. This statue is of local poet Mihaly Vörösmarty.
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Directions: Pest side
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text: Home Gallery Video Tow Truck Volkswagen: Tow Truck Published on Jun 01, 2007 Editor's Pick Rate this Ad You must be registered to rate the ad. Please Login or Register Now About Tagsautomotive GenreMusic Latest Creativity News on Ad Age 10 VR Ideas Creativity Loved The Power of Cute: What China's Hottest Snacks Brand Can Teach You Why Japan's Uniqlo Launched Its First Big Global Brand Campaign Advertisement Ad Age Reports Partner White Paper 7 Tips for Keeping Your Creative Team Inspired Beat the creative slump with this informative guide which includes great advice on how to keep your team positive, productive and inspired. Brought to you by Shutterstock Premier. Learn more Related work Volkswagen: Mafia Adam & Eve/DDB London Volkswagen: Rival Road iStrategyLabs Volkswagen: Side Assist Mirror Cards Grabarz & Partner Want to see your work in our gallery? Submit now


text: The way I see it, here is how things stand right now: There are dozens of sources. Some of them are app/developer-specific, so they're cool because the author/maintainer of that app can keep us up-to-date on his/her latest and greatest. Some sources are generic repositories, which may or may not duplicate apps/downloads that are already found on other sources, and whose duplicates may not be as up-to-date as another source. There are new sources popping up here and there, and the more sources we add, the longer it takes to refresh those sources -- especially if one of them is down for maintenance or the net is having a hiccup. There are some fine folks here who help maintain nice clean lists here of all of the available sources and what you can find on them, just to try and make things a little easier for folks who may find themselves lost amid the tangle and would like some direction. Their work is greatly appreciated and they are what help make this community a cooler place. But this is only going to grow. More sources will appear, more apps will appear, lists will get longer, sources will take forever to refresh, Installer will continually notify us of updates to apps we already have newer versions of because the update is from a different source that hasn't kept pace with version changes but we don't want to get rid of that source because it maintains some other cool stuff that isn't on any other source, and....... And I think something needs to be done. We kinda need to clean this up here. It was all great and fine when there were few sources and few apps; refreshes were quick and we could always trust what Installer told us needed updating and what the latest packages were. But the community is in rapid expansion. Apps and sources are appearing with greater frequency as more people get on board with the Touch -- developers and users alike. We can't keep going the way we're going in three, six months, a year -- can you imagine the list of sources then? The number of apps? The Touch has barely even passed its first quarter yet and look at all the stuff we've got for it. It's pretty astonishing, really. What we need is a source. A source. The source. One repository, maintained by the community -- the developers, level designers, skinners, everyone -- that will contain the files for Installer, descriptions for the "more info" section in Installer, and anything else that will be needed, where developers or even just users can upload the latest and greatest, all neatly categorized and available to Installer under one source address. Yeah, it's a bit idealistic, but I really don't think it's unrealistic -- on the contrary, lots of people here have shown that they are willing to take on projects of their own to keep the community organized and informed, donating their time as needed to help out where they can, and those folks are awesome. If we can gather these people together to work on a project like tis, we could end up having a single, easily maintained, up-to-date repository that (ideally) contains everything that's available for the Touch, neatly categorized and easy to use. What does everyone think? Good idea? Bad? Any volunteers to get in on this? I am willing to do whatever I can to kickstart and help out with a project like this and I would love to hear from anyone who is willing and able to join in and turn this into a One Source Town. Thoughts, suggestions, whatevers always welcome.


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Reviewed Work: The Ideals of Painting by J. Comyns Carr
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The Art World
Vol. 2, No. 6 (Sep., 1917), pp. 553-554
Published by: The Frick Collection
Stable URL: http://www.jstor.org/stable/25588109
Page Count: 2
Subjects: Art & Art History
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The Art World


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English: USAF Boeing E-4B Advanced Airborne Command Post ("Nightwatch") and two C-32 passenger transportation aircraft at Royal Australian Air Force support facilities at Fairbairn in Canberra, the national capital of Australia.
|21 February 2008
|Own work
|Peter Ellis (talk)
Picture taken at 7.15pm Australian Eastern Daylight Saving time, 21 February 2008, looking into the setting sun under heavy cloud cover.
The three USAF aircraft had brought to Canberra:
- C-32 (each)
- Admiral Michael Mullen, USN, en:Chairman of the Joint Chiefs of Staff
- Admiral Timothy J. Keating, USN, Commander en:United States Pacific Command
The occasion was the AUSMIN (Australia-US Ministerial) alliance talks, which were headed by Australia's Minister of Defence Joel Fitzgibbon and Minister for Foreign Affairs Stephen Smith. Side talks were held by the US military staffs with their Australian Defence Force counterparts.
Original upload history
This file was originally uploaded at en.wikipedia as E-4 & C-32s Fairbairn.JPG, before it was transfered to Commons.
|Upload date
|2008-02-24 03:50:56
|Peter Ellis
|{{Information |Description=[[USAF]] [[Boeing E-4B]] Advanced Airborne Command Post ("Nightwatch") and two [[C-32]] passenger transportation aircraft at [[Royal Australian Air Force]] support facilities at [[Fairbairn%2C_Canberra#Defence_Establishment_Fair
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We are Anping Shuangwang Metal Products Factory ,we produce and offer many kinds building material and
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Tel: 86-318-7800518
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text:
Sarah van der Ploeg is an American lyric soprano, having begun her musical life as a violist. She recently received an MMus with Distinction from the Royal Academy of Music (London), under the tutelage of Diane Forlano and Mary Hill; she is now continuing her opera studies at Northwestern University with Theresa Brancaccio and Alan Darling. A Marshall Scholar and a 2008 graduate of Princeton University, where she studied arts policy alongside music performance, Sarah has soloed in London, New York, Vienna and several smaller cities in her home state of New Jersey, with repertoire ranging from opera to oratorio to art song, and even to gospel and jazz.
Roles in scenes and productions have included Mozart's Figaro (Susanna; Countess; Marcellina), Così fan Tutte (Fiordiligi), and The Magic Flute (First Lady), Puccini's La Boheme (Musetta), Donizetti's Linda di Chamounix (Linda), Barber's Vanessa (Vanessa), Weber's Die Fledermaus (Ida) and Euryanthe (Euryanthe), Wolf-Ferrari's La vedova scaltra (Rosaura), Weill's Street Scene (Shirley Kaplan), Menotti's Amahl and the Night Visitors (Mother), Gilbert and Sullivan's Patience (Patience) and Bernstein's West Side Story (Maria). She has sung in masterclasses with Dame Kiri Te Kanawa (coaching Mozart's 'Contessa' from Figaro), Robert Tear CBE, Susan Ashbaker, Mark Verzatt and Nova Thomas. Sarah has also been featured as soprano soloist in performances of the Mozart Requiem, Faure Requiem, Handel Messiah, and Bach Magnificat and Christmas Oratorio.
Sarah has made her Wigmore Hall recital debut and recently her Royal Albert Hall debut as well, and maintains a close performing relationship as both soloist and violist with London non-profit arts organization Langham Arts. In all her musical work, Sarah searches for ways in which music can bridge cultural boundaries, and seeks opportunities for advocacy and reconciliation through the arts.


text:
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My name is Grace Awolola, an #investor in Chicago. I have two rental properties for sale in Chicago. The rental income for the 2 unit is $1895.00 per month and the 4 bedroom single family home is $1100.00 per month.
Send email to Show email.
- Aug 7, 2012 2012-08-07 22:47:28
- Chicago, IL


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Having unnecessary fat in various areas of your body can have a significant influence on your health and self-confidence. While standard weight-loss through exercise and diet plan is a fantastic way to slim down in general, even the very best exercises cannot target issue locations like the stomach, inner thighs, arms, and buttocks. Liposuction is a time tested treatment that is used to get rid of excess fat from specific areas of the body, enabling an individual to shape and contour their body to their liking. Is liposuction right for you? Discover now.
Pros of Liposuction
There are many benefits to this cosmetic treatment, consisting of:
• Immediately noticeable changes. Unlike standard weight reduction, liposuction develops modifications that are right away noticeable in the body. Some difference is noticeable immediately, and the preferred results are generally accomplished in just a few days.
• Proven and safe. This cosmetic procedure has been performed by experienced specialists all over the world for many years and the method has been fine-tuned over and again to be safe and effective.
• Healing time is normally quickly. The downtime needed after having this kind of treatment is usually much less than what is needed for other types of cosmetic treatments, including tummy tucks, breast reduction, and more. Individuals who have had the treatment can typically go back to work far more quickly than they anticipated and can return to living a healthy, active lifestyle.
• Weight-loss can be irreversible. With the right maintenance techniques, the fat that was eliminated throughout the liposuction treatment will not return.
• Complete control over your body. With liposuction, a person can have complete control over how they want to look, beyond exactly what conventional diet and exercise can provide. Giving individuals this power over their bodies enhances self-esteem and aid individuals feel their very best.
While there are numerous benefits to liposuction, there are obviously a few cautions that should be considered before making the final decision to progress with the treatment.
Cons of Liposuction
Before having actually liposuction done, it's important to examine the prospective downsides of the treatment and figure out if the benefits outweigh the threats in your specific case. Your surgeon can assist you find out more about the risks connected with the treatment and can assist you choose if moving forward is the ideal thing for you.
• Issues with basic anesthesia. Because liposuction is carried out under general anesthesia, the treatment carries the exact same dangers as other kind of surgical treatment where general anesthesia is utilized. Underlying medical conditions may enhance these risks.
• Negative responses. Bruising, bleeding, and pain are all to be expected, however, in unusual cases can cause more considerable problems.
• The potential to get the weight back. After having actually liposuction done, it is crucial to keep a healthy diet plan and workout properly as recommended by your doctor. Failure to do so could result in gaining back the weight that was lost or perhaps a lot more.
Although there are threats associated with liposuction, for lots of people, the benefits far outweigh them. Educate yourself about the procedure by having extensive conversations with your specialist and think about how liposuction has the possible to affect you as an unique person. Only you and your surgeon can determine if liposuction will offer you with the outcomes you are searching for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Grampian Pennsylvania
Laser liposuction is a newer, minimally intrusive procedure that includes heating the fat cells to melting point and eliminating the melted fat through a little cannula. The treatment is usually done right in your doctor's workplace and is an excellent option for people who have less than 500 ml of fat to remove from any one location. Laser liposuction can be a safe, complementary procedure to weight loss in order to sculpt the body you've constantly wanted.
Contact a Surgeon in your Grampian Pennsylvania today.
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|Port 1 Device Technology:
|Port 2 Device Technology:
For Use With C4TEF, CAPTF, CBFTF-120, CBFTF-140, CEMTF, CGFEB or CMEFG Slide-In-ModulesSpecifications
EN55024, CISPR22/EN55022 Class A And B, FCC Class A And B [Class B-Compliant Only When Using Class B-Compliant Media Converters], CE Mark
We are currently experiencing technical difficulties. We apologize for the inconvenience, and are working to quickly resolve it. Please contact your local Anixter representative for immediate assistance.


text: Image credit: Aundry Gan/SportSG Now that you've understood the basic rules of archery and gotten your equipment ready, it's time to get down and fire away! Here are some simple steps that will take you through the preparation, positioning, aiming, and release processes. 1. Stand with both feet apart on either side of the shooting line. 2. Ensure that your toes remain in one line, with the sides of your feet facing the middle of the target. 3. If you are right-handed, grip the bow with your left hand. The left side of your body should face the target. Reverse this if you are left-handed. 4. Connect the arrow to the bow string. 5. Place your index finger on the part of the bow string that is above the nock (back part of the arrow that connects to the string). 6. Place your middle and ring fingers under the nock. 7. Grab the bow with your thumb pointing towards the target. 8. Your bow arm should be aligned at around the same height as your shoulders. 9. Rotate the elbow of your bow arm so that it is positioned out and away from the string. 10. Pull the string along the bow arm in a straight line. 11. Once you feel the appropriate tension, use your back strength to hold the weight of the bow. 12. Aim and shoot! You might be wondering how professional archers make hitting their targets look so easy. Indeed, having prepared well for the release of the arrow, the next important step to aim. And when it comes to aiming, determining your dominant eye is vital. Not sure which eye to use? Just follow these five steps and you'll find out! 1. Obtain a core of a toilet paper roll. The core of a kitchen towel roll will work as well. 2. Hold it out in front of you, with both your arms extended. 3. Find an object in front of you and look at it through the roll with both your eyes open. 4. Close any eye. 5. The object will move out of your field of vision within the roll if the eye that you close is your dominant eye. To receive the latest updates on the happenings in the Singapore sports scene, or to find out more about some of the latest programmes on offer at ActiveSG, like our Facebook page here.


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5 August 2016
Psychology of Fashion and Beauty
Fashion, celebrity along with beauty are multibillion dollar industries, consequently an examination of the psycho-social processes at work in these areas presents itself as an innovative, exciting and relevant area for psychological investigation.
The aims of this course are to introduce how psychologists have sought to explain beauty and attractiveness, as well as body modification and adornment. This requires the student to understand basic face processing and the various theoretical approaches to beauty as well as up to date integrated theories. The aim is also to encourage you to engage with appearance in a wide sense including facial disfiguration and body issues, cosmetic surgery addiction or the use of the body as "art" and clothing (fashion). By the end of the course you will be expected to have an appreciation of the different types of explanations put forward for dress and adornment including tattooing and piercing, as well as the fashion cycle and how these practices and trends have moved from sub culture to main stream.
The course will consider the different approaches to and explanations for the fashion cycle and process and how this has been accounted for in psycho-social terms both historically and currently and will develop a familiarity with the concept of fashion and dress as non verbal communication and symbolic interaction. The marketing of fashion, and the motivations of the wearer- self worth, role adoption, and even luxury and fake goods purchase will be discussed. Impression management and the study of effects of appearance on others are examined in terms of the 'beauty halo effect', be it initial evaluations of strangers or even in a legal setting. Topics will include:
- Defining beauty – history and psychological approaches – cognitive, social, bio-evolutionary and modern integrated theories
- Beauty Halo effect
- First impressions & stereotypes
- Beautiful bodies – shape / dissatisfaction / body dysmorphia
- Looking different – disfigurement & cosmetic surgery addiction
- Cultural and historic differences
- Male body image / the Adonis complex / body building addiction
- Fashion process – origins of fashion; fashion theories; psychology of change
- Adornment, body modification (tattooing, piercing), cosmetics – psychological factors
- Fashion & personality
- Social self, impression management and role adoption, group membership
- Group membership, identity and Fashion as communication
- Luxury products
- Sustainable fashion
- Advertising and celebrity
Course leader
Dr. F.H.J. de Beaumont
BA Hons, BSc Hons, MA, PhD, C Psychol, AFBPsS
Senior Lecturer, Psychology
Faculty of Humanities and Social Sciences
Regent's University London
Target group
Suitable for beginners at the bachelors level of psychology as well as of interest to those studying business, management, fashion, media at a higher level who may have no prior knowledge but who feel they would benefit from gaining an understanding of relevant psychological principles. Students who are engaged with sociology, anthropology, an fashion/retail related areas will find this course accessible.
Course aim
After this course you are able to:
- demonstrate an understanding of psychological principles applied to beauty, fashion consumerism.
- demonstrate an understanding of the various psychological theories related to attractiveness/appearance, impression management and body image.
- demonstrate familiarity with some major theories used to understand the fashion cycle/change process and psychological processes such as self esteem, group membership and identity.
- finally through your assessments (in English) you will demonstrate independent learning and research, as well as the ability to communicate your ideas effectively.
Fee info
EUR 490: The course fee includes the registration fee, course materials, access to library and IT facilities, coffee/tea, lunch, and a number of social activities.
10% discount for early bird applicants. The early bird deadline is 1 April 2016.
15% discount for students and PhD candidates from Radboud University and partner universities.
EUR 195: Housing (optional)


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Goals from Gavin Peers and Aaron Greene helped Ian Baraclough's side move to within five points of the top of the table, with a deserved win at Dalymount Park
Bohemians had the best of the early stages, creating a few openings and causing the Sligo defence a few problems. Conor Murphy took a dangerous shot that forced a good save out of Sligo keeper Gary Rogers.
Sligo's first chance of the first half came from an Aaron Greene free kick which was pushed behind for a corner after 15 minutes.
The Bit o'Red made the breakthrough from the resulting corner as Gavin Peers headed in at the near post off Kieran Djiali's ball in. After the goal the game stayed fairly balanced with both teams creating chances. Conor Murphy headed a chance over the bar from six yards out, while Sligo winger Djilali was causing Bohemians problems at the other end.
Late in the first-half, Bohemians went close to equalising when a header from defender Anto Murphy was cleared off the line. The second-half started much like the first-half with Bohemians playing the better football. Karl Moore set Conor Murphy up for an early chance which just whistled past the post.
Minutes later Moore went on a run down the wing and put in a dangerous cross which was cleared by the Sligo defence. As the second-half progressed Bohemians began to dominate with Moore and Liam Buckley causing Sligo a few problems. However, Sligo doubled their lead against the run of play as Aaron Greene scored from a quick break.
Danny North came on for David McMillan to add some more fire power to the Sligo attack as they began to take control after the second goal. Both teams continued to press forward towards the end but neither of them looked like adding to the scoresheet.
Sligo finished strongly, closing out the game well and ensuring that they left with all three points, keeping in contention with the top two.


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Essay:
Exegesis a Passage
Analyzing Sentences
Greet people all God's in Christ Jesus
The brothers and sisters send greetings who are with me people send greetings,
All God's here you especially those who belong to Caesar's household.
especially who are of Caesar's household.
The grace be with your spirit.
of the Lord Jesus Christ
Analyzing the Paragraph
Theme of the paragraph: Every one is equal through Jesus Christ (in Christianity).
(Main theme): Greet everyone the same.
(result) Christ with you all.
(introduction) Greet every saint.
The most important words that are found in Philippians 4: 21 are "greet" and, "Christ." In Philippians 4:22, the most valued word is "God's." In verse 23 of this chapter the most noteworthy word is "grace." It is essential to realize that some of the words identified in certain verses are repeated in others, such as the term "greet" and "Jesus Christ" -- which underscores their significance.
The Greek translation for the word greet is xaipetw. It has a range of meetings from a mere acknowledgement of a person to a friendly acknowledgement. A particular archaic definition means to weep. As it is used in this passage, however, greet is best translated as a friendly acknowledgment. The Greek term for Christ is christos, which translates into the anointed one or, within the New Testament, is translated into the Messiah. Chrien is the Greek verb for to anoint. Within this passage, which is found in the New Testament, Christ is akin to the term Messiah and refers to the son of God -- he whom became flesh to sacrifice his life for humanity and who rose from the grave to govern with God by his side. The range of definitions for this term is rather limited to the one just provided. The Hebrew word for God is El. Although this term denotes God, it also connotes various other definitions such as might or strength. However, due to the capitalization of its use in this passage from Philippians, it unequivocally means the one and only God of the Hebrews and of Christians. There are a few Greek words for grace, such as ?, ?, and . As such, there is a considerable range of definitions for this term, which might mean charm or beauty, a short prayer to say before eating, mercy, and a sense of right and wrong. Nonetheless, within this passage it denotes God's love and favor to mankind.
Section Three
When explicating the historical and social significance of these verses at the end of this chapter, it is difficult to extrapolate the one from the other because they are so inter-related. The historical context directly pertains to the social context due to the fact that this literature was written by Paul when he was imprisoned. Socially, then, he is somewhat of a pariah, which explains why his greetings that essentially encompasses all of Christianity and of its believers in Christ is so significant. Another highly influential historical aspect that has direct sociological connotations is Paul's reference to Caesar. Caesar, of course, was the leader of the Romans and the head of the political regime that was responsible for imprisoning Paul. Socially, then, this information means that Paul was not only an outlaw, but also political prisoner directly because of the belief (in Christianity) that he references in this passage. Thus, there is a growing spirit of magnanimity that is found in these verse, since even while within the confines of a jail cell Paul not only embraces his oppressor and all of those who support him (the household of Caesar), but he also manages to summon such joyful greetings in a situation that is characterized by extreme duress. It is notable that such duress does not come across within this passage, however, which appears to exude the opposite sentiment -- feelings of happiness and security. One can infer that this sentiment was actually at the time it was written a living testament of the thesis of this document -- that everyone is equal in Jesus Christ, even prisoners.
Section Four
I Philippians 4
A. Introduction (Philippians 4:1-3)
1. Paul emphasizes the need to believe in and stand by God.
B. Final Exhortations (Philippians 4: 4-9)
1. Paul urges his readers to rejoice in God, regardless of their circumstances.
C. Thanks for Their Gifts (Philippians 4: 10-20)
1. The author thanks his supporters for championing him during his travails.
D. Final Greetings (Philippians 4: 21-23)
1. The author denotes that there is equality in Christ for everyone.
As the prior outline indicates, the primary theme of the final greetings segment of this chapter in the book of Philippians is to reference the fact that there is parity between all who believe in Christ. In this respect, this passage functions as a conclusion for this chapter of the letter that Paul was writing. It does not necessarily offer a restatement of the ideas that preceded it, but it operates as a summation of those ideas. After emphasizing earlier in this chapter that Paul is content with his circumstances (he is imprisoned for believing and propagating the word of Christ) and explaining how others should rejoice in God despite whatever obstacles they might encounter, he then demonstrates these principles by showing his magnanimity. This form of largess is demonstrated by the fact that Paul is saying that everyone is equal in Christ and should acknowledge each other as such. Moreover, he even extends this equality of treatment and of spirit to those who he could rightfully call his enemies, Caesar and the Romans that have arrested and imprisoned him. Verses 21-23 of this chapter end the chapter, which is why it is especially poignant of Paul to close this part of the letter with a gesture that extends to both his brothers and sisters in Christ as well as to those who are attempting to oppose him.
Section Five
This writing of Paul is best categorized as the genre of literature known as an epistle. Quite simply, it is a letter that he is writing while he is incarcerated to various supporters and to the world at large. The fact that this particular piece of a literature is a letter actually considerably assists in the interpretation of the Philippians 4:21-23 which is characterized by Paul's "sense of joy in the midst of difficulty" (Bugg, 1991, p. 253). The reader can understand the particular situation which moved the author to begin writing the letter, as well as understand to whom the author is addressing in these scriptures. It certainly accounts for the 23rd verse in this chapter in which he provides an ending that functions as a blessing that is appropriate for concluding a written correspondence. Essentially, simply by knowing that this passage and the entire chapter is a component of a letter, the reader can make a number of inferences about Paul's reasons for writing which guide her interpretation. Since this is a deliberate work of non-fiction, most of those interpretations pertain to literal aspects of real people that Paul is both referencing and addressing. The literalness of that interpretation is particularly underscored in an analysis of literary conventions used in verses 21-23 of the fourth chapter. The only remotely figurative literary conventions are his reference to Caesar's household, which is interpreted as emblematic of all of Caesar's regime and not just those who live with him.
Section Seven
The main theological themes in Philippians 4: 21-23 are firstly, that everyone is equal in Christ and within the Christian religion, and that this equality extends to someone unlikely people. Specifically, those unlikely people include prison inmates (as these are the ones that Paul references when he says they are "with me" (Paul, 1973) in jail), and even those who might be considered the enemies of Christianity -- the same Romans who crucified Christ. The author certainly references the notion that everyone is equal in Christianity in other parts of the book of Philippians than Chapter 4: 21-23. The idea that there is a brotherhood and sisterhood involved with the Christian faith, one that encompasses both men and women, is illustrated in several different places. Paul refers to his "brothers and sisters" (Paul, 1973) in both Philippians 4: 1 and Philippians 4: 8, a fact which is indicative of the equity between those of the Christian faith. Additionally, this idea is prevalent in James 2: 8-11 in the passage in which the author disparages the concept of "favoritism" (James 2: 8-11) in upholding God's law as it relates to the tenet of loving one's neighbor as one loves one's self. The concept of loving others like one love's oneself directly correlates to the idea that there is equality in Christianity.
Section Eight
Philippians 4: 21-23 is saying that there is an inherent equality that is found through simply believing in Christ. Moreover, this degree of equality is actually a fairly integral component of Christianity. As such, these verses function as a means of supporting the idea that one…[continue]
"Exegesis A Passage Analyzing Sentences Greet People" (2014, April 19) Retrieved December 3, 2016, from http://www.paperdue.com/essay/exegesis-a-passage-analyzing-sentences-greet-188273
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June 11, 1957
KUTZTOWN FAIR ASSOCIATION, INC.v.FREY ET UX., APPELLANTS.
Appeal, No. 251, Oct. T., 1956, from decree of Court of Common Pleas of Berks County, No. 2506, Equity Docket, 1952, in case of Kutztown Fair Association, Inc. v. Henry W. Frey and Mildred N. Frey, his wife. Decree affirmed.
Edwin L. DeLong, for appellants.
C. Wilson Austin, with him Speicher & Austin, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 183 Pa. Super. Page 518]
Plaintiff, Kutztown Fair Association, Inc., filed a complaint in equity against defendants, Henry W. Frey and Mildred N. Frey, his wife, praying for the reformation of a deed because of mutual mistake in the description. From a decree of the lower court reforming the deed this appeal was taken.
The facts are as follows: in July of 1950, the Freys, appellants, were the owners of land on the east side of College Boulevard in the Borough of Kutztown, Pennsylvania, on which there was erected an apartment house building and a gasoline service station. The Farmers' Bank of Kutztown owned a tract of land with 4 1/2 foot frontage on College Boulevard adjoining appellants' premises immediately to the north and the Kutztown Fair Association, Inc., appellee, owned a large tract of land on the east side of College Boulevard immediately adjoining the 4 1/2 foot frontage of the Farmers' Bank to the north thereof. Sometime prior to July 14, 1950 Henry W. Frey, one of the appellants, spoke to one of the officers of the bank concerning the possibility of purchasing a rectangular tract with a frontage on College Boulevard of 34 1/2 feet and a depth of 180 feet. On July 14, 1950 the appellee appointed Elmer Kline (deceased before time of trial), Howard Kutz and Claude Bordner as a committee to discuss the proposed transfer with the appellants. Three or four days after their appointment the three members of the committee met upon the ground itself and discussed the proposed transfer with one of the appellants, Henry W. Frey. The rectangular tract which appellants desired to purchase would have interfered with an existing road on the fair grounds and the committee suggested that Frey receive a total frontage of 46 1/2 feet on College Boulevard and a rear width of 10 1/2 feet. The proposed line
[ 183 Pa. Super. Page 519]
was measured with a steel tape and actually staked out upon the ground itself in the presence of Frey, who, after considerable discussion, agreed with the proposed plan. This was testified to by Bordner and Kutz, the two surviving members of the committee. On July 24, 1950 Frey gave to the Farmers' Bank of Kutztown his check to its order in the sum of $340.00. On the face of the check was written "Fair Ground Plot 34 1/2 x 180." Mr. Fister, the officer of the bank, testified as to the following conversation with Frey: "... the only thing I know the committee told me that Mr. Frey would have to accept it the way the committee decided before the check would pass, and he said, 'Well, then, let it go through,' and handed me the check. I had handed it back and he gave it back again." Thereafter, before the fair, held in the third week of August, appellee erected along the diagonal boundary line, as staked out by its committee in the presence of Frey, a heavy wire fence. Frey was around when the fence was being erected and did not object. The fence remained in place until several weeks prior to the hearing on August 4, 1955, when Frey tore part of it down and erected another fence. On April 17, 1951 the committee made its report to appellee's board, stating therein that it agreed with Frey that in addition to the 34 1/2 foot frontage he would have an additional 12 feet in front and "he would allow us 24 ft. in back thus protecting our road." The board, upon motion made and seconded, approved the action of the committee and approved the delivery of the deed to the Freys with the provision as stated by the committee. On April 18, 1951 a deed in fee simple was executed by the president and secretary of appellee to the Freys, conveying title to a tract of land along the east side of College Boulevard with a frontage of 34 1/2 feet on College Boulevard and a depth of equal width
[ 183 Pa. Super. Page 520]
of 180 feet. The deed was prepared by James F. Marx, Esquire, from a description left with him at his office either by Elmer Kline, deceased at the time of trial, or one of the appellants, Henry W. Frey. In March 1952 appellee caused a survey of its land to be made and on June 25, 1952 Marx had a conversation with Frey calling his attention to the mistake in the description and Frey stated it would cost about a thousand dollars to correct the situation. Marx testified that he had no knowledge of the minutes of the association when he drafted the deed in April of 1951. On October 9, 1952 summons in equity covering the property involved in this dispute was issued. The principal question involved in this appeal is whether there was sufficient evidence of mutual mistake in the description of the deed to support the findings and decree of the chancellor, confirmed after exceptions by the court in banc.
The law is well settled that a court of equity has the right to reform a deed where a mutual mistake appears. Radnor Bldg. & Loan Assn. v. Scott, 277 Pa. 56, 120 A. 804; Uniontown Savings & Loan Co. v. Alicia Land Co., 338 Pa. 227, 13 A.2d 65; Armstrong Co. B. & L. v. Guffey, 132 Pa. Superior Ct. 19, 25, 200 A. 160.
Of course, the burden is on the plaintiff to produce clear and positive proof that a mistake existed, not only on the part of the plaintiff but also on the part of the defendants. A person who seeks to rectify a deed on the ground of mistake must establish in the clearest and most satisfactory manner that the alleged intention to which he desires it to be made conformable continued concurrently in the minds of all parties down to the time of its execution. Miller v. Houseworth, 387 Pa. 346, 350, 127 A.2d 742. The testimony must be clear, precise and indubitable and of such
[ 183 Pa. Super. Page 521]
weight and directness as to carry conviction to the mind. Bosler v. Sun Oil Co., 325 Pa. 411, 420, 421, 190 A. 718. We are satisfied that the testimony produced by the plaintiff was sufficient to meet these standards. Both parties went upon the ground in question and with a steel tape measured the disputed line and then placed markers to indicate its exact position. Thereafter, in the presence of appellant Frey, appellee erected a fence on the line agreed upon and maintained that fence until a short time before trial, when it was removed by appellant. When appellant delivered his check to the officer of the bank, it was made entirely clear to him by the officer that the check would not be accepted by appellee unless appellant agreed to the description as suggested by appellee's committee, and the appellant did so agree. The appellant has been using the additional road frontage. All of these facts make it abundantly clear to us that the lower court's action was completely justified under the evidence.
Appellants also argue that appellee's claim for reformation of its deed violates the statute of frauds and that the deed of conveyance is the final result of all prior parol negotiations between the parties. It is sufficient to say that equity may correct an inaccurate description in a deed where there is a mutual mistake. Armstrong Co. B. & L. v. Guffey, p. 25, supra. The right to such reformation may be enforced even though it necessarily be an invasion or limitation of the parol evidence rule. Restatement, Contracts, § 509, also comment a.
Appellants also argue that the appellee was guilty of laches. Laches cannot be imputed to one in peaceable possession of land for delay in resorting to a court of equity to establish his right to the legal title. Uniontown S. & L. Co. v. Alicia Land Co., p. 231, supra.
[ 183 Pa. Super. Page 522]
The appellee was in peaceable possession of the land in exact accordance with what it believed its deed to be and there had been no change in the situation existing between the parties at the time the appellee began its action in equity, which was approximately six months after the discovery of the mistake.
Decree affirmed.
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Presented By:
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Additional Property InformationThis single family listing located at 782 Sandlewood , Orange Park, FL boasts five bedrooms and three bathrooms. The property is presently selling for $234,900.
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Those who enjoy spending time along the Los Angeles River will be happy to hear the Department of Transportation (LADOT) recently installed wayfinding signs.
This is great news -- the signs will provide Angelenos with a better sense of direction as they walk or ride their bikes along the River. The signs are also important from a public safety perspective if there is a need to contact 911 and provide your location during an emergency.
The Mountain Recreation and Conservation Authority (MRCA) was responsible for the design, planning, and production of the new signs that were placed along the Elysian Valley Bikeway. My office worked with LADOT on the installation.
The signs were produced using Prop 12 funds from the California Natural Resources Agency. Great work by all the community partners who made this happen!


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Shortly before 3:00 pm on April 11, 2013, William Lawrence, a freshman from Belmont, NC was crossing Highway 421 from main campus when he was struck by a charter bus. The driver of the bus told authorities he attempted to stop, but was unable to do so. Lawrence was transported by ambulance to Wake Med hospital in Raleigh where he underwent surgery for his injuries.
Harnett County deputies are still investigating the accident. Relevant updates will be issued as they become available.


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Bolton & District Hospital Saturday Council
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Bolton and District Hospital Saturday offers simple and affordable everyday Health Cash Plans, Dental Plans and Private Medical Insurance from UK Healthcare, our wholly owned subsidiary.
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Which areas do they work in?
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