Morehouse v. Moulding

Citations

• 74 Ill. 322

Syllabus

<p>1. Mechanic’s lien—payments after notice by sub-contractors. After notice to the owner, of the claims of sub-contractors, the owner cannot rightfully pay the original contractor so as to defeat the demands of the sub-contractors, nor can he pay one sub-contractor in full and another nothing, as his caprice or partiality may determine.</p> <p>2. Same—when balance due must be paid pro rata. When there is not enough to pay all sub-contractors and materialmen after deducting all payments rightfully made, the balance is to be divided between the several claimants entitled to liens, in proportion to their respective interests.</p> <p>3. Same — right to retain payment to complete work. The owner of a building has not the right to retain the balance due on the original contract remaining in his hands, with which to enable the contractor to complete the work, after notice of the claims of sub-contractors.</p> <p>4. Same—liability of owner to sub-contractors on failure to complete contract. If the contractor for any cause fails to complete his contract, the owner will be liable to the persons entitled to a lien under the act of 1869 for so much as the work and materials are reasonably worth according to the contract price, first deducting all payments rightfully made, and damages, if any, occasioned by the non-performance of the contract, giving to each his ratable share, and the balance he can retain with which to finish the work.</p> <p>5. Instructions—assuming facts. There is no error in refusing an instruction which assumes the existence of a material fact which should be left to the jury to find, or when its substance is contained in others given.</p>