{
  "id": 2563907,
  "name": "Garden City Banking & Trust Co. et al. v. Appollonia Grabe et al.",
  "name_abbreviation": "Garden City Banking & Trust Co. v. Grabe",
  "decision_date": "1903-07-17",
  "docket_number": "",
  "first_page": "453",
  "last_page": "455",
  "citations": [
    {
      "type": "official",
      "cite": "108 Ill. App. 453"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "190 Ill. 401",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3242597
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/190/0401-01"
      ]
    },
    {
      "cite": "185 Ill. 172",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3226352
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/185/0172-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:dc110ea94c3fd3f4",
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  "last_updated": "2023-07-14T20:13:54.213761+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Garden City Banking & Trust Co. et al. v. Appollonia Grabe et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.\nAlexander Grabe filed his bill in the Circuit Court praying for a mechanic\u2019s lien on certain premises under a contract in writing made \u00a1November 4, 1897, with the owner, which provides that the owner shall pay for the work contracted for \u201c as soon as said work is done.\u201d The defendant Carl Malski, set up in his answer his claim for a lien on the same premises under a written contract made November 4, 1897, with the owner, which provides that the owner shall pay for the work contracted for \u201c when work is finished.\u201d\nNo time is fixed in either contract for the performance of the work, nor for the payment therefor otherwise than as above stated.\nThe decree finds that the administratrix of the original complainant, Grabe, and the defendant Malski, are each entitled to a lien for work done and materials furnished under their respective contracts.\nPlaintiffs in error, defendants in the court below, who there set up a lien on the premises under a mortgage recorded before the making of either of said contracts, have sued out a writ of error to reverse the decree of the court below.\nThat the mechanic\u2019s lien law of 1895, which was in force when these contracts were made, does not provide for a lien when the contract is in writing, and contains no provision as to the time within which the work was to be performed, or the money to be paid, was first decided by the Supreme Court in Freeman v. Rinaker, 185 Ill. 172.\nThe fact that the contract may have been fully performed within a year is immaterial; the omission in the written contract of a provision as to time for completion of the work or making payment is conclusive against a right to a lien, under the act of 1895. Kelley v. Northern Trust Co., 190 Ill. 401. The decree will be reversed and cause remanded.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "Knight & Brown and Goldzier, Rogers & Froelich, attorneys for plaintiffs in error.",
      "L. E. Chipman, attorney for defendants in error; D. B. Brillow, of counsel."
    ],
    "corrections": "",
    "head_matter": "Garden City Banking & Trust Co. et al. v. Appollonia Grabe et al.\n1. Mechanics\u2019 Liens\u2014Requirements of the Statute.\u2014The mechanics\u2019 lien law of 1895 does not provide for a lien when the contract is in writing and contains no provision as to the time within which the work is to be performed, or the money to be paid.\nBill for a Mechanic's lien.\u2014Error to the Circuit Court of Cook County: the Hon. Richard S. Tuthill, Judge presiding. Heard in the Branch Appellate Court at the March term, 1903.\nReversed and remanded.\nOpinion filed July 17, 1903.\nKnight & Brown and Goldzier, Rogers & Froelich, attorneys for plaintiffs in error.\nL. E. Chipman, attorney for defendants in error; D. B. Brillow, of counsel."
  },
  "file_name": "0453-01",
  "first_page_order": 475,
  "last_page_order": 477
}