William Aupperle & Sons, Inc. v. American National Bank & Trust Co.

Plaintiff Aupperle, subcontractor for the Royal Oaks Apartment building project in Peoria, Illinois, brought this action to foreclose a mechanics’ lien for an unpaid balance of $33,485.54 alleged to be due for labor and materials furnished for the project under a written agreement with Clyde Construction Co., general contractor (hereafter called “Clyde”), and also under a subsequent oral agreement with defendant Daniel Comm (developer, architect and agent for tire owners) for additional work. Defendant’s motion to dismiss the cause on the grounds of lien waivers was allowed, and then vacated…