Davis v. Willmore

Decided May 1, 1914

Appellate Court of Illinois · decided 1914-05-01

Abstract of the Decision. 1. Mechanics’ liens, § 62*—when provision in original contract does not defeat subcontractor’s right to lien. A provision in a contract between the original contractor and owner that the contractor was “to provide at his own expense all the labor and material necessary and erect, build and finish in workmanlike manner a frame dwelling house,” etc., held not to have the effect of waiving any lien of the original contractor and also of defeating a subcontractor’s right to a lien. . 2. Mechamos’ liens, § 196*—when evidence does not show that materials were furnished on an open account. On bill to enforce a lien for materials furnished the original contractor, held that the evidence of complainant did not show that the materials were furnished to the contractor from year to year, upon a general open account, where the undisputed testimony of complainant was that he contracted to furnish the building materials for the particular house and that the materials were charged upon his books as an account against the contractor on that particular job.

Cited by 1 later decisions — most recently September 1985

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1914-05-01

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Mr. Presiding Justice McBride

¶1delivered the opinion of the court.

2. Mechamos’ liens, § 196*—when evidence does not show that materials were furnished on an open account. On bill to enforce a lien for materials furnished the original contractor, held that the evidence of complainant did not show that the materials were furnished to the contractor from year to year, upon a general open account, where the undisputed testimony of complainant was that he contracted to furnish the building materials for the particular house and that the materials were charged upon his books as an account against the contractor on that particular job.