Opinion
Gen. No. 41,222. (Abstract of Decision.)
Opinion filed November 26, 1940
MECHANICS' LIENS, § 182 — foreclosure, evidence. Lower court erred in decreeing foreclosure of a mechanic's lien, where evidence showed that a real estate broker employed plaintiff to re-stucco a house, but he had no authority to act as defendant's agent, at the time defendant did not own the premises, but purchased them later, plaintiff dealt only with the broker, and looked solely to him for payment; and court erred in not permitting defendant to file a bill of review, which set up a waiver of lien on premises which had been executed by plaintiff, such waiver constituting an absolute defense to this action.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. ROBERT J. DUNNE, presiding.
Decree reversed. Plaintiff's complaint dismissed for want of equity. Heard in second division, first district, this court at April term, 1940.
George J. Dreiske, for appellant;
No appearance for appellee.
"Not to be published in full." Opinion filed November 26, 1940.