Opinion
Gen. No. 41,779. (Abstract of Decision.)
Opinion filed January 18, 1943 Rehearing opinion filed March 10, 1943
MECHANICS' LIENS, § 185 — when part of claim, allowed on foreclosure, is excessive. On bill in chancery to foreclose claim for mechanic's lien, held that chancellor's decree, which was in accordance with master's report, which allowed part of claim against defendant who alleged that his holding of record title to property was for wife of plaintiff's assignor, but which allowed such part of claim not for materials or services furnished by assignor but for money allegedly loaned by plaintiff to assignor and paid by him to other contractors, was excessive in that, under evidence, amount of money paid out by assignor was less than amount for which decree authorized claim's allowance.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. JOHN C. LEWE, presiding.
Reversed and remanded with directions. Heard in third division, first district, this court at June term, 1941.
Olis, Vasalle Lapinskas, for appellant;
V.I. Ohrenstein and Walter C. Wellman, for appellee.
"Not to be published in full." Opinion filed January 18, 1943; rehearing opinion filed March 10, 1943.