Murphy v. Harris
Appellate Court of Illinois
Memorandum.—Mechanics’ Liens. Appeal from a decree rendered by the Superior Court of Cook County; the Hon. William G-. Ewing, Judge, presiding. Heard in this court at the October term, 1894, and affirmed. Statement of the Case.
Read the full summary
Memorandum.—Mechanics’ Liens. Appeal from a decree rendered by the Superior Court of Cook County; the Hon. William G-. Ewing, Judge, presiding. Heard in this court at the October term, 1894, and affirmed. Statement of the Case. July 16, 1889, Harris & McGimsie contracted in writing with Daniel Murphy to build a house and barn on Wabash avenue, near 63d street, Chicago, for the sum of $4,600 to be paid as the work progressed upon the estimates to be made by C. M. Palmer, architect, reserving fifteen per cent until the whole was completed. The final payment was to be made within fifteen days…
1Opinion of the Court
Me. Presiding Justice Waterman
delivered the-opinion of the Court.
The complainants having filed as a part of the bill a copy of the contract they made with Daniel Murphy, it was unnecessary that they should otherwise set forth in the petition the terms of the agreement under which the work was done.
Nor do we think the petition insufficient to base a decree upon, because the account annexed thereto appears to be against Daniel and Mary Murphy instead of against Daniel alone. '
If a discrepancy exists between the body of the bill and an exhibit thereto, the exhibit controls. Field v. Brokaw, 40…
2Cited by2 opinions
- Cohen v. BernsteinAppellate Court of Illinois · 1912
- Weil v. BomashAppellate Court of Illinois · 1925