Geary v. Bangs
Appellate Court of Illinois
In error to the Superior Court of Cook County; the Hon. Egbert Jamieson, Judge, presiding. This was a petition for a mechanic’s lien, filed by defendant in error to recover for certain work performed under the following contract: “This agreement, made this 12th day of June, A. D. 18S8, between John B. Geary, party of the first part, and Paul Bangs, party of the second part, witnessetli: For the consideration hereinafter mentioned, the said second party agrees to do all the…
Read the full summary
In error to the Superior Court of Cook County; the Hon. Egbert Jamieson, Judge, presiding. This was a petition for a mechanic’s lien, filed by defendant in error to recover for certain work performed under the following contract: “This agreement, made this 12th day of June, A. D. 18S8, between John B. Geary, party of the first part, and Paul Bangs, party of the second part, witnessetli: For the consideration hereinafter mentioned, the said second party agrees to do all the carpenter work and furnish all the lumber and mill work necessary on the building, also the roof, cornice and gutters on…
1Opinion of the CourtMoran, J.
It appears from the evidence introduced at the hearing that a dispute arose between Bangs and Geary as to whether the building was ready for plastering at the time Bangs demanded the second payment of $400. Geary paid’ $200, and insisted that there was other work necessary to be done to get the building ready for plastering, and refused to pay the other $200 until said work was done.
Bangs stopped work and Geary requested him to go on and complete his contract, and served a notice on him, requiring him to do so, but Bangs declined to go on because Geary would not pay the additional $200 which…
2Cases cited2 opinions
- Palm & Robertson v. Ohio & Mississippi RailroadIllinois Supreme Court · 1856
- Kinney v. ShermanIllinois Supreme Court · 1862
3Cited by4 opinions
- Stanley J. Gottschalk Construction Co. v. CarlsonAppellate Court of Illinois · 1929
- Geary v. BangsAppellate Court of Illinois · 1890
- Berndt v. ArmknechtAppellate Court of Illinois · 1893
- Schroth v. BlackAppellate Court of Illinois · 1893