Legal Opinion

Hayes v. Hammond & Chapman

Appellate Court of Illinois

Decided December 12, 1895PublishedCited by 1 opinion

Mechanic’s Lien.—Appeal from the Superior Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding.

1Opinion of the CourtJustice Waterman

The master disallowed $63 of the complainants’ claim; such being the case, it is contended that appellees did not file a just and true statement of account or demand, and therefore should not be allowed a lien. We do not think that a strict construction of the lien law requires us to so hold.

There is nothing tending to show that the complainants did not file their claim in good faith, or that they thought any portion of it unjust or untrue. There is a wide distinction between an unallowable and an unjust claim.

In Culver v. Schroth, 153 Ill. 437, the insertion in the claim of an item…

2Cases cited2 opinions

  1. Culver v. SchrothIllinois Supreme Court · 1894
  2. Wolcott v. Lake View Building & Loan Ass'nAppellate Court of Illinois · 1895

3Cited by1 opinion

  1. Rockwell v. O'Brien-Green Co.Appellate Court of Illinois · 1896

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