Butler & McCracken v. Gain
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the City Court of East St. Louis; the Hon. B. H. Canby, Judge, presiding. This was a petition by Butler & McCracken, lumber merchants, against appellee, Gain, and one Wiegriffe, defendants, to enforce a mechanic’s lien as sub-contractors.
Read the full summary
Appeal from the Appellate Court for the Fourth District;— heard in that court on appeal from the City Court of East St. Louis; the Hon. B. H. Canby, Judge, presiding. This was a petition by Butler & McCracken, lumber merchants, against appellee, Gain, and one Wiegriffe, defendants, to enforce a mechanic’s lien as sub-contractors. The petition shows that one Benjamin Summers, a contractor, on August 27, 1887, contracted to build a house for Ella Gain, appellee, for the sum of '$685, the same to be completed in forty-five days from that date; that the last payment was due on the completion of…
1Opinion of the CourtJustice Shops
This is a proceeding by sub-contractors to establish and enforce a mechanic’s lien. The sections of the statute relating to the matter under consideration, are sections 29, 30, 31 and 35 of the statute relating to liens, as amended in 1887. These sections, relating to the same subject, must necessarily be construed together.
A lien is given by section 29, to sub-contractors, or other persons who shall perform labor or furnish material for the original contractor, but provides that the aggregate of all liens allowed shall not exceed the price stipulated in the original contract between the…
2Cases cited1 opinion
- Belanger v. HerseyIllinois Supreme Court · 1878
3Cited by20 opinions
- Liese v. HentzeIllinois Supreme Court · 1927
- Turnes v. BrenckleIllinois Supreme Court · 1911
- Cincinnati, Richmond & Muncie Railroad v. SheraIndiana Court of Appeals · 1905
- Bayes v. IsenbergIndiana Court of Appeals · 1981
- Roth v. LehmanAppellate Court of Illinois · 1954
15 more not listed; retrieve them via the Exa API.