Prescott v. Maxwell

Citations

• 48 Ill. 82

Syllabus

<p>1. Mechanic’s lien—recovery can not be had beyond the amount claimed in the petition. In a proceeding to enforce a mechanic’s lien, under the act of 1863, the plaintiff recovered the amount claimed in his petition, together with forty-seven dollars as interest thereon: Held, that the judgment was erroneous, to the extent of such sum beyond the amount claimed; if plaintiff was entitled to interest, he should have claimed it in his petition; he could not recover beyond the amount so claimed.</p> <p>2. Same—-act of 1863, construction of ’. Where a party contracted to pay for the work and materials on a certain building, as the work progressed, reserving the right to retain ten per cent., for his own security, and before the building was completed paid the contract price in full: Hdd, that such owner was not liable for work performed by an employee of such contractor, begun and completed nearly two months after such payment in full; that having once paid for it, he was discharged from payment a second time.</p> <p>3. Same—notice and specifications must be filed, to stop payments to original contractor. In order to prevent an owner from making payment to the original contractor, such sub-contractor must, as required by the second section of the act, file liis specifications, and give the proper notice ; otherwise, payment can not be prevented.</p> <p>4. Insthuctions—must be based upon the evidence. An instruction which has no basis in the evidence is erroneous.</p>