Wieska v. Imroth

Appellate Court of Illinois

Wieska v. Imroth

43 Ill. App. 357, 1891 Ill. App. LEXIS 361

CourtAppellate Court of Illinois

DecidedDecember 7, 1891

StatusPublished

Cited by1 cases

This text of 43 Ill. App. 357 (Wieska v. Imroth) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wieska v. Imroth, 43 Ill. App. 357, 1891 Ill. App. LEXIS 361 (Ill. Ct. App. 1891).

Pincite

Opinion

Waterman, P. J.

The statement .was not a compliance with the statute. It provides that the original contractor shall, whenever any payment of money shall become due from the owner, or whenever he desires to draw any money from the owner * * * on such contract, make out and give to the owner * * * a statement under oath, of the number, name of every subcontractor, mechanic or workmanin his employ or person furnishing materials, giving their names and the rate of wages, or the terms of contract, and how m/uch, if anything, is, due or to becom,e due to them or any of them for work done or material furnished. * * * Until the statement provided for in this section is made in manner and form as herein provided, the contractor shall have no right of action.

The judgment of the County Court that for lack of a statement in compliance with the statute the plaintiff was not entitled to recover, is affirmed.

Judgment affirmed.

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Waterman, P. J.

The statement .was not a compliance with the statute. It provides that the original contractor shall, whenever any payment of money shall become due from the owner, or whenever he desires to draw any money from the owner * * * on such contract, make out and give to the owner * * * a statement under oath, of the number, name of every subcontractor, mechanic or workmanin his employ or person furnishing materials, giving their names and the rate of wages, or the terms of contract, and how m/uch, if anything, is, due or to becom,e due to them or any of them for work done or material furnished. * * * Until the statement provided for in this section is made in manner and form as herein provided, the contractor shall have no right of action.

The judgment of the County Court that for lack of a statement in compliance with the statute the plaintiff was not entitled to recover, is affirmed.

Judgment affirmed.

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Bluebook (online)

43 Ill. App. 357, 1891 Ill. App. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wieska-v-imroth-illappct-1891.

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