Havighorst v. Lindberg

Citations

• 67 Ill. 463

Syllabus

<p>1. Mechanic’s lien—remedies of sub-contractor. The lien given by statute to a sub-contractor for labor and materials in the erection of a building maybe enforced by petition in like manner as the same could be done by the original contractor. The statute also gives a remedy against the contractor and owner, jointly, in a suit at law, and it seems that the subcontractor or material-man may, at his election, pursue either remedy.</p> <p>2. Same—notice of sub-contractor's demand—payment before. A subcontractor has twenty days from the completion of his sub-contract, or after payment should have been made to the person performing the labor, in which to give the owner of the building notice. All payments made by the owner within that time to the contractor will be regarded as having been improperly made, if made to the prejudice of the interests of sub-contractors, and will not defeat their rights to enforce payment of the owner. .</p> <p>3. Estoppel—of sub-contractor to claim pay of owner of building. Where a sub-contractor was present at a settlement between the owner and contractor, as to the sum due for the erection of a house, and for extra work, at which time the owner accepted an order of the contractor for the balance due in favor of a third person, but did not say or do any thing that could have led the owner to believe he was paid or had released him, it was held, that he was not estopped from enforcing his lien against the owner, from the mere fact of his being present at the settlement.</p> <p>4. Mechanic’s lien—performance necessary. Where the contract for the building of a house has been substantially performed, and whatever failure there may have been is waived by the owner, and the work accepted, this is such a performance as will authorize a proceeding to enforce the statutory lien in favor of a sub-contractor.</p> <p>6. Ebbobs—not affecting party assigning Where a cross error is assigned which does not affect the interest of any of the parties to the