{
  "id": 2861332,
  "name": "I. Lurya Lumber Company, Defendant in Error, v. Philip Goldberg, Plaintiff in Error",
  "name_abbreviation": "I. Lurya Lumber Co. v. Goldberg",
  "decision_date": "1916-03-27",
  "docket_number": "Gen. No. 21,726",
  "first_page": "374",
  "last_page": "375",
  "citations": [
    {
      "type": "official",
      "cite": "198 Ill. App. 374"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 3591,
    "ocr_confidence": 0.518,
    "pagerank": {
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    "sha256": "9a8e1a996eece24b35395d824a1b2e8a96b0e1b56104ad4b1d6d6ee1ff29c80f",
    "simhash": "1:4145f694a0afa239",
    "word_count": 597
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  "last_updated": "2023-07-14T18:11:33.440984+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "I. Lurya Lumber Company, Defendant in Error, v. Philip Goldberg, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Holdom\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Holdom"
      }
    ],
    "attorneys": [
      "Benjamin E. Cohen, for plaintiff in error.",
      "No appearance for defendant in error."
    ],
    "corrections": "",
    "head_matter": "I. Lurya Lumber Company, Defendant in Error, v. Philip Goldberg, Plaintiff in Error.\nGen. No. 21,726.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Edward T. Wade, Judge, presiding. Heard in this court at the October term, 1915.\nReversed.\nOpinion filed March 27, 1916.\nStatement of the Case.\nAction for mechanic\u2019s lien by I. Lurya Lumber Company, plaintiff, against Philip Goldberg, defendant. From a judgment for plaintiff, defendant brings error.\nThe claim for a mechanic\u2019s lien was not passed upon. Defendant had a contract with L. Harris, a general contractor, for the erection of a building, in which contract all liens and claims or right of lien under the Mechanic\u2019s Lien Act for labor or materials furnished, etc., were waived. One Lazar had a contract with Harris for carpenter work to the amount of $2,100. Plaintiff furnished lumber to Lazar, which was used in defendant\u2019s building under the Harris contract. The Heitman Bond and Mortgage Company made a building loan on Goldberg\u2019s property and plaintiff executed and delivered a waiver and release of any and all liens and claims or right to a lien on Goldberg\u2019s premises on account of any material it had furnished to Lazar, which waiver and release it delivered to the mortgage comp\u00e1ny. The court awarded the judgment on the theory that Goldberg had testified in a prior suit that he had reserved out of the money to become due to Lazar; $200, which he was holding for the plaintiff. This claim was refuted by the testimony of defendant, Harris, the general contractor, and Frank Heitman, who represented the mortgage company.\nBenjamin E. Cohen, for plaintiff in error.\nAbstract of the Decision.\n1. Mechanics\u2019 mens, \u00a7 136 \u2014when subcontractor bound by waiver of right to lien in contract between owner and contractor. A contract with a general contractor to build defendant\u2019s house having waived the right to mechanics\u2019 liens for labor or materials under Mechanics\u2019 Liens Act (J. & A. 1f 7139 et seq.), such waiver was binding upon all persons furnishing labor or materials under any subcontract with such general contractor, and no claim for a lien can be maintained on account of lumber furnished to a subcontractor of such general contractor.\n2. Mechanics\u2019 mens, \u00a7 161*\u2014when subcontractor may not obtain money judgment against owner. Plaintiff, having no lien under Mechanics\u2019 Liens Act (J. & A. jl 7139 et seq.) for lumber furnished a subcontractor on account of a waiver of all such liens by the principal contractor, cannot obtain a money judgment against defendant, for whom the building was erected, in an action for mechanic\u2019s lien.\n3. Mechanics\u2019 liens, \u00a7 196*\u2014when evidence insufficient to establish holding out of part of contract price to pay subcontractor. In an action by a subcontractor for a mechanic\u2019s lien, evidence held insufficient to establish that defendant held out a certain sum from the contract price which was to be applied, on plaintiff\u2019s claim.\n4. Mechanics\u2019 liens, \u00a7 212*\u2014when case not remanded. Plaintiff in action for mechanic\u2019s lien, having no lien under the Mechanics\u2019 Liens Act (J. & A. If 7139 et seq.) for lumber furnished a subcontractor because of a waiver of all such liens by the principal contractor, has no cause of action against defendant, for whom the building was erected, enforceable in a court of law and the Appellate Court will not remand the cause.\nNo appearance for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0374-01",
  "first_page_order": 398,
  "last_page_order": 399
}