Hruby v. Vokoun
Appellate Court of Illinois
Memorandum.—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard at the October term of this court, and affirmed.
1Opinion of the CourtJustice Gary
One Vaciar Hrdina made a contract with the appellee to build for her a house for $3,600. ' The appellant furnished hardware to Hrdina for the house, and $113 of the price remains unpaid.
For that he sued the appellee and Hrdina jointly under Sec. 37, Ch. 82, Liens. Hrdina died pending the suit, and a very serious question might be whether the suit thereafter could be prosecuted. It is not necessary to decide that question, for a condition precedent to the suit is, that money shall be due from the owner to the contractor.
Hrdina did not finish the house and the appellee employed others to…
2Cited by3 opinions
- Sykes Steel Roofing Co. v. BernsteinAppellate Court of Illinois · 1910
- Orrell v. SnyderAppellate Court of Illinois · 1912
- Wookey v. SlemmonsAppellate Court of Illinois · 1896