O'Brien v. Graham
Appellate Court of Illinois
1. Upon a bill filed by sub-contractors for a mechanic’s lien, this court holds that the same was properly dismissed for the reason that the statutory notice was not served upon the owner oE the building in question, within the time required by Sec. 31, Chap. 82, R. S. 2. No personal decree is authorized by the statute when there is a failure in the effort to establish a lien. Appeal from the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding.
1Opinion of the CourtGarnett, J.
In 1886, one William Dunning agreed with Henry H. Graham to make certain alterations in a house or premises in Chicago, and afterward, about June 1, 1886, made a bargain with O’Brien and Green, appellants, for lumber to be used in the execution of the work. The lumber was to be delivered as required, during the months of June, July, August and September of -that year, and paid for as any portion of it was delivered. In pursuance to the subcontract, appellants made several deliveries of lumber prior to August 10, 1886. The material so delivered was all used in the work described, the total…
2Cases cited1 opinion
- Sprague v. GreenAppellate Court of Illinois · 1886