Doyle v. Munster
Appellate Court of Illinois
In error to the Superior Court of Cook County; the Hon. Gwtnn Garnett, Judge, presiding. Plaintiffs in error filed their petition for a mechanic’s lien substantially as follows: Petitioners, Patrick J. Doyle and E. J. Goodwillie, are partners, doing business under the firm name of P. J. Doyle & Co., and dealers in lumber and other building material in the city of Chicago.
Read the full summary
In error to the Superior Court of Cook County; the Hon. Gwtnn Garnett, Judge, presiding. Plaintiffs in error filed their petition for a mechanic’s lien substantially as follows: Petitioners, Patrick J. Doyle and E. J. Goodwillie, are partners, doing business under the firm name of P. J. Doyle & Co., and dealers in lumber and other building material in the city of Chicago. That Julia Munster and Morris Munster are owners of, or have some interest in, and are in possession of, lot 8, in Harriet Farleu’s subdivision of lots 13,14 and 15 of Brown’s subdivision of the FT. 5- of S. W. J of Sec. 34,…
1Opinion of the CourtMoran, J.
We think the petition sufficient to entitle petitioners to relief, and that the court erred in sustaining the demurrer.
It was not necessary that appellants should set out the terms of the original contract between the Munsters and Dick, or show by allegations that it was such a contract in its terms as would authorize a lien when sought by the original contractor against the owner. A sub-contractor is given a lien if, in pursuance of the purposes of the contract between the owner and the original contractor, he furnishes labor or material in building any house. Sec. 29, Chap. 82, R. S.
The…
2Cases cited1 opinion
- Mehrle v. DunneIllinois Supreme Court · 1874
3Cited by3 opinions
- Marski v. SimmerlingAppellate Court of Illinois · 1892
- Brin v. LarimerAppellate Court of Illinois · 1896
- Wood v. GummAppellate Court of Illinois · 1897