Opinion
Gen. No. 40,915. (Abstract of Decision.)
Opinion filed January 21, 1941 Rehearing denied February 5, 1941
BUILDING AND CONSTRUCTION CONTRACTS, § 104 — materialman's action on bond, evidence. In action on statutory bond executed under the mechanic's lien law of Kansas, by one who supplied paint to a subcontractor, but could not supply the paint from its home office in Chicago because Kansas labor unions demanded that materials be supplied by local concerns, and accordingly contracted with Kansas firms to furnish the paint and paid for such materials, lower court erred in refusing to permit plaintiff to prove the agreed price of the paint, and also the reasonable value of such materials, and release executed by plaintiff was so ambiguous that extrinsic evidence should have been admitted to show its meaning.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. FRANCIS B. ALLEGRETTI, presiding.
Decree reversed and cause remanded for a new trial. Heard in second division, first district, this court at October term, 1939.
England, O'Toole Kays, for appellants;
J.E. Yaffe, for appellees.
"Not to be published in full." Opinion filed January 21, 1941; rehearing denied February 5, 1941.