Opinion
Gen. No. 10,178. (Abstract of Decision.)
Opinion filed September 26, 1947 Released for publication October 20, 1947
MECHANICS' LIENS, §§ 183, 223 — counterclaim of owner against mechanic's lien claimant for improper construction of improvement. In suit in chancery by building contractors to enforce lien upon premises as result of improvements made thereon, defendant-owners' counterclaim asserting substantial credit due to improper construction of fireplace and defects in interior painting was amply supported by evidence, and award to plaintiffs of one half costs was not error as such is matter of discretion not reviewable except for abuse.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Henry county; the Hon. A.J. SCHEINEMAN, Judge, presiding.
Decree affirmed. Heard in this court at the May term, 1947.
Paul A. Cushman, for appellants;
James B. Young and Gregg A. Young, for appellees.
Not to be published in full. Opinion filed September 26, 1947; released for publication October 20, 1947.