Nibbe v. Brauhn
Illinois Supreme Court
Brauhn filed his petition in the Cook Circuit Court, to enforce a mechanics’ lien against said Nibbe. The petition alleges that on the 18th day of March, 1857, the parties entered into a contract in writing, by which Brauhn was to build a house for Nibbe, and have the same completed on or before first of June, 1857. The petition also alleges, that on or about the said 18th of March, 1857, Brauhn did, in accordance with the provisions of the contract, enter upon the erection…
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Brauhn filed his petition in the Cook Circuit Court, to enforce a mechanics’ lien against said Nibbe. The petition alleges that on the 18th day of March, 1857, the parties entered into a contract in writing, by which Brauhn was to build a house for Nibbe, and have the same completed on or before first of June, 1857. The petition also alleges, that on or about the said 18th of March, 1857, Brauhn did, in accordance with the provisions of the contract, enter upon the erection of the house’; and that while laying the foundation, Nibbe stated to Brauhn that “ he wanted to have certain alterations…
1Opinion of the CourtBreese, J.
The petition in this case sets out a contract to complete the building by a day certain—the first day of June, 1857. It then avers, that whilst the building was in progress, an alteration in the plan was insisted upon by the appellant, involving an additional expenditure of one hundred dollars, and enlarging the building to some extent, in regard to which there was no stipulation as to the time when the whole work, including the enlargement, should be completed. Still, the original contract provided that the building should be completed by the first day of June. The answer alleges, that…
2Cited by15 opinions
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