Schmelzer v. Chicago Avenue Sash & Door Mfg. Co.
Appellate Court of Illinois
• Assumpsit, under the mechanic’s lien law. Appeal from the-Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the March term, 1899.
1Opinion of the Court
Mr. Presiding Justice Sears
delivered the opinion of the court.
The recovery as against appellant must be sustained, if at ■all, upon proof of facts set up by the first, second or third of the special counts of appellee’s declaration.
The first and second of these counts allege, as the ground of the owner’s (appellant’s) liability, the service of a subcontractor’s notice upon him by appellee on September 15, 1892, and that there was then due and owing from appellant to Knueppel, the original contractor, $1,U00 upon his contract. The evidence is insufficient to sustain the recovery as under these…
2Cases cited13 opinions
- Coughran v. GutcheusIllinois Supreme Court · 1857
- Faulk v. KellumsIllinois Supreme Court · 1870
- Ayer v. City of ChicagoIllinois Supreme Court · 1894
- Gebbie v. MooneyIllinois Supreme Court · 1887
- Cairo & St. Louis Railroad v. HolbrookIllinois Supreme Court · 1874
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3Cited by1 opinion
- Sykes Steel Roofing Co. v. BernsteinAppellate Court of Illinois · 1910