Martine v. Nelson

Citations

• 51 Ill. 422

Syllabus

<p>1. Mechanics’ Lien—house-painters. House-painters are within the protection of the mechanics’ lien law, which secures a lien to persons who “ furnish labor or materials for erecting or repairing ” a building.</p> <p>2. Contracts—notice. Where a mechanic agrees to do a job of work at a stated price, upon the representation of the person for whom the work is to be done as to the amount and character of the work required, and the mechanic, upon seeing what is actually to be done, discovers the job to be of a different and more expensive character than represented, the question would arise whether he should not notify the other party of that fact before proceeding with the labor; but if the mechanic did not personally examine into the character of the work to be done, and sent his men to execute it, he being absent at a distance from the time the agreement was made, the want of such notice would not prejudice his right to recover the actual value of the work done in excess of the price agreed upon.</p>