Opinion
Gen. No. 43,405. (Abstract of Decisions.)
Opinion filed November 7, 1945 Released for publication November 27, 1945
MECHANICS' LIENS, § 182 — proof of allegations as entitling plaintiff to enforce mechanic's lien. In action to enforce mechanic's lien, where it appeared that plaintiff was employed by defendant church to render services as architect and superintendent of construction, and plaintiff contended fee was to be one and one half per cent of lowest bid received on specifications, whereas defendant contended that agreement was for smaller stated amount, held that plaintiff was entitled to enforce lien, since evidence showed that agreement for plaintiff's services was made in accordance with allegations of complaint and defendant's contentions were not borne out by evidence.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. ROBERT J. DUNNE, Judge, presiding.
Reversed and remanded with directions. Heard in the third division, first district, this court at the June term, 1945.
Peden, Ryan Andreas, for appellant;
Gerald Ryan, of counsel;
No appearance for appellee.
Not to be published in full. Opinion filed November 7, 1945; released for publication November 27, 1945.