Charter Bank & Trust v. Edward Hines Lumber Co.

Plaintiffs Joseph Giampa and Robert Walcott (plaintiffs) appeal the judgment of the circuit court of Du Page County for foreclosure of a mechanic’s lien in the amount of $25,791.90 in favor of defendant Edward Hines Lumber Company (Hines). Plaintiffs contend that (1) Hines forfeited its mechanic’s lien by failing to comply with section 34 of the Mechanics Lien Act (Act) (Ill. Rev. Stat. 1989, ch. 82, par. 34); (2) Hines is bound by its admission that its interest in the property was inferior to that of plaintiffs’ predecessor in title; and (3) the court erred in determining the amount of the…