Sedgwick v. Concord Apartment House Co.
Appellate Court of Illinois
Bill for a Mechanic's Lien.—Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge presiding. Heard in this court at the October term, 1901.
1Opinion of the CourtJustice Adams
The question to be decided is, whether the decree sustaming the demurrer to appellants’ amended petition, and dismissing the petition, is, or not, erroneous. For the purpose of deciding this question, all the material allegations of the amended petition must be assumed to be true. So assuming, we think it apparent that O’Brien, the contractor, acted in good faith and fully performed his contract. The latter is evidenced by the superintendent’s certificate. Therefore the Concord Apartment House Co. is liable to pay for the work to appellant Sedgwick, O’Brien’s assignee. But the question is…
2Cases cited4 opinions
- Paddock v. StoutIllinois Supreme Court · 1887
- Cook v. VreelandIllinois Supreme Court · 1859
- Chisholm v. WilliamsIllinois Supreme Court · 1889
- Myers v. American Steel Barge Co.Appellate Court of Illinois · 1896
3Cited by1 opinion
- Concord Apartment House Co. v. O'BrienAppellate Court of Illinois · 1906