Hughes v. Russell
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Theodore Bbehtaito, Judge, presiding. This case was tried in the Superior Court on an agreed statement of facts as follows: Hugh Hughes is the owner of the premises on the southwest corner of Monroe street and California avenue, Chicago, Cook County, Illinois. In the spring and summer of 1891, and while still the owner thereof, Hughes built a three-story building on said premises.
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Appeal from the Superior Court of Cook County; the Hon. Theodore Bbehtaito, Judge, presiding. This case was tried in the Superior Court on an agreed statement of facts as follows: Hugh Hughes is the owner of the premises on the southwest corner of Monroe street and California avenue, Chicago, Cook County, Illinois. In the spring and summer of 1891, and while still the owner thereof, Hughes built a three-story building on said premises. Hughes made a verbal contract with the defendants, Owen Brothers, to furnish material, and do the lathing and plastering on said building, for the sum of §900,…
1Opinion of the CourtMoran, J.
By the terms of Sec. 35, Chap. 32, R. S., relating to mechanics’ liens, as it stood prior to the amendment which went into force July 1, 1891, the original contractor,whenever he desired to draw any money on the contract, was required to make out and give to the owner, or his agent, a statement, under oath, of the name of every sub-contractor, mechanic, or workman in his employ, or person furnishing materia], and how much, if anything, is due or to become due to them or any of them; and the owner was to retain out of money due or to become due to the contractor, an amount sufficient to pay…
2Cases cited4 opinions
- Templeton v. HorneIllinois Supreme Court · 1876
- Butler & McCracken v. GainIllinois Supreme Court · 1889
- Barton v. SteinmitzAppellate Court of Illinois · 1890
- Conklin v. PlantAppellate Court of Illinois · 1889
3Cited by2 opinions
- Campbell v. Iron-Silver Min. Co.Court of Appeals for the Eighth Circuit · 1897
- Berndt v. ArmknechtAppellate Court of Illinois · 1893