Sharkey v. Miller

Citations

• 69 Ill. 560

Syllabus

<p>1. Chancery practice—power over verdict. In a proceeding to enforce a mechanic's lien, where subsequent purchasers of the property sought to be charged were made parties, the issues were submitted to a jury, who found for the petitioner and assessed the damages against ail the defendants. The court rendered a decree thereon requiring the defendant alone for whom the work was done, to pay the amount found bj'-the jury, making it a lien on the premises, and declaring the subsequent purchasers’ interests subject to the lien: Held, that the court did not err in decreeing differently from the form of the verdict.</p> <p>2. A petition for a mechanic’s lien is, in effect, a chancery proceeding, and the object of the verdict of a jury is, to advise the conscience of the chancellor, and he has the same power to change or reject the finding of the jury as he has where an issue of fact is submitted to a jury in any other chancery case, and a verdict returned. In such a case, the court has the power to make the finding conform to the testimony and the equity of the case.</p> <p>3. Pabol evidence—of an agreement subsequent to written one. Where a written agreement showed that a certain price was to be paid for putting into a building a patent screw elevator, and at the conclusion of the same the contractor also agreed to put in certain heating apparatus, for which no price was named, it was held competent for the contractor to prove a subsequent parol agreement in relation to the price of the latter.</p>