Solomon v. Nicholas

Citations

• 113 Ill. 351
• 1 N.E. 901
• 1885 Ill. LEXIS 700

Syllabus

<p>1. Agency—deposit of money of principal by the agent—depositary delivering the money to the principal—-whether liable to the agent making the deposit. A sub-contractor received money of the general contractor in excess of what was due him, as the agent of the general contractor, to pay debts due to laborers and material-men, whereby to protect the principal from liability from the enforcement of liens, but instead of paying out the money deposited it with another for safe keeping, under a promise of the latter to pay the same only to the depositor, or upon his written order. The depositary, on the demand of the principal to whom the money belonged, delivered the same to him. It was held, the depositary was not liable to the agent for a breach of his contract, the principal having the right to revoke the agency of the sub-contractor at any time before he paid out the money as directed. In such case the delivery of the money to the true owner will relieve the depositary of liability to the agent from whom he received it.</p> <p>2. Mechanic’s men—of laborers, etc., on railroad, under sub-contractor. The stipulations in a general contractor’s contract for the construction of a railroad were required to be performed in such manner as not to relieve him from the immediate charge and responsibility of the work, and were such that the company might forfeit the same for a neglect to put on sufficient force to complete the work in the time stipulated, or require him to make up balances due to laborers or persons furnishing materials or supplies, monthly. It was held, that the relations of the sub-contractor to the general contractor were such that the work done and materials furnished under sub-contracts could be regarded as materials furnished or labor done -under his contract, so as to enable those furnishing the same to enforce a lien against the railroad under the statute.</p> <p>3. Sub-contractor—a contract construed as to the relative rights and powers of the general