Mehrle v. Dunne

Citations

• 75 Ill. 239

Syllabus

<p>1. Parties in chancery—mechanic’s lien. A sub-contractor, seeking to enforce a lien as against the owner of the building for labor or materials furnished, is required to make all persons who have done work or furnished materials for such building defendants, and the amount found due must be divided among the several claimants in proportion to their respective interests, to be ascertained by the court.</p> <p>2. Mechanic’s lien—when the contract is not completed. On petition by a sub-contractor for a mechanic’s lien, where the original contractor has failed to complete his contract, the owner will only be liable for so much as the work and materials shall be shown to be reasonably worth according to the original contract price, first deducting so much as shall have been rightfully paid under the contract, and damages, if any, sustained by the owner, growing out of the non-fulfillment of the contract, as the owner is entitled to the benefit of his contract.</p>