Charles Johnson Hardware Co. v. Board of Education of School District No. 96, 200 Ill. App. 638 (1915)

Oct. 13, 1915 · Illinois Appellate Court
200 Ill. App. 638

Charles Johnson Hardware Company, Appellant, v. Board of Education of School District No. 96, Fulton County, Illinois, Appellee.

(Not to he reported in full.)

Appeal from the Circuit Court of Fulton county; the Hon. Robert J. Grieb, Judge, presiding. Heard in this court at the April term, 1915.

Affirmed.

Opinion filed October 13, 1915.

Statement of the Case.

Bill by Charles Johnson Hardware Company, complainant, against the Board of Education of School District No. 96, Fulton County, Illinois, defendant, to establish a mechanic’s lien. From a decree dismissing the bill, the complainant appeals.

The complainant sold material to a contractor, W. H. Card, engaged in the construction of a public building. It served the following notice on the president of the board of education:

“Peoria, Ill., Nov. 10, 1913.

“Mr. W. H. Card,

Bought of Chas. Johnson Hardware Co.,

2023 South Adams Street.

“No. 1, Contract Job, Roofing,

Gralvd. Iron and Tin

*639Abstract of the Decision.

I. Mechanics’ liens, § 5 * —how act construed. The Mechanics’ Liens Act must be strictly construed.

2. Mechanics’ liens, § 67*—when notice of mechanic’s lien insufficient. A notice under section 23 of the Mechanics’ Liens Act (J. & A. 1 7161) by a materialman who had furnished materials to a building contractor, which did not claim any lien for the unpaid balance of its account, did not show what materials were furnished the contractor and did not state that the materials furnished were for the construction of the building in which the lien was sought, held insufficient.

Work and Sky-lights

on Cuba Schools____1,160.00

Cr.

“Sept. 15, By Cash.............. 500.00 660.00.”

H. H. Atherton and I. O. Pinkney, for appellant.

Chiperfield & Chiperfield, for appellee.

Mr. Presiding Justice Eldredge

delivered the opinion of the court.