Legal Opinion

Harty Bros. & Harty Co. v. Polakow

Appellate Court of Illinois

Decided October 29, 1909No. Gen. No. 14,074Published

Assumpsit. Appeal from the Municipal Court of Chicago; the Hon. Henby C. Beitleb, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1909.

1Opinion of the CourtJustice Smith

-delivered the opinion of the court.

The substantial facts of this case are stated in the opinion of this court in Harty Bros, and Harty Co. v. Polakow, 141 Ill. App. 570; and in the same case on appeal 237 Ill. 559, and need not be here repeated.

The Supreme Court has disposed of three questions involved in the case, namely (1), that the Municipal Court had jurisdiction to hear and determine the cause, (2) that there is an implied contract under the mechanics lien law between the owner and the subcontractor by which the owner, when a subcontractor has complied with the requirements of the lien…

2Cases cited6 opinions

  1. Reynolds v. StocktonSupreme Court of the United States · 1891
  2. Harty Bros. & Harty Co. v. PolakowIllinois Supreme Court · 1908
  3. Gutsch Brewing Co. v. FischbeckAppellate Court of Illinois · 1891
  4. Porter v. DrennanAppellate Court of Illinois · 1883
  5. St. Louis, Alton & Terre Haute Railroad v. HillAppellate Court of Illinois · 1882

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