Compound Lumber Co. v. Murphy
Illinois Supreme Court
Writ op Error to the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding.
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Writ op Error to the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. This is a proceeding by the Compound Lumber Company of Chicago, who is plaintiff in error here, to establish a mechanic’s lien for lumber and finishing materials furnished in the construction of a large building known as 4601 to 4607 Woodlawn avenue, in the city of Chicago, the lots being owned by Annella Rood on the 26th day of April, 1893. On this date a contract was made with plaintiff in error, by which it contracted to…
1Opinion of the CourtJustice Wilkin
It is insisted by plaintiff in error, that having fully complied with its contract to furnish material, and having delivered it upon the premises where it was to be used, it is entitled to a lien for the whole bill. Defendants in error, in opposition to this claim, insist that only a part of the lumber so contracted for was actually used in the construction of the building, and that a mechanic’s lien can only be enforced to the extent of materials actually used. This contention is disputed by plaintiff in error, and it becomes a question of fact whether the whole amount of material was…
2Cases cited2 opinions
- Wilhelm v. SchmidtIllinois Supreme Court · 1876
- Hunter v. BlanchardIllinois Supreme Court · 1857
3Cited by12 opinions
- Hoier v. KaplanIllinois Supreme Court · 1924
- Liese v. HentzeIllinois Supreme Court · 1927
- B. Kreisman & Co. v. First Arlington National BankAppellate Court of Illinois · 1980
- Alexander Lumber Co. v. Ætna Accident & Liability Co.Illinois Supreme Court · 1921
- Rittenhouse & Embree Co. v. F. E. Brown & Co.Illinois Supreme Court · 1912
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