Galler v. Galler

Plaintiff, J-M Builders & Supplies Corporation, filed suit to foreclose a mechanics lien arising out of a written contract for the sale and installation of siding on property in South Beloit, Illinois, owned by defendants, Creston and Frieda McIntrye. The Macktown State Bank, originally one of the defendants, was dismissed from the suit before trial. Following a bench trial, the trial court found that plaintiff was entitled to a mechanics lien, and entered judgment for the plaintiff in the sum of $1,348 plus costs of suit. In determining the amount of the judgment, the trial court allowed the defendants a credit of $3,000 for the cost of correcting the defects in the installation. Plaintiff appeals, contending that the trial court erred in allowing the credit for correcting the defects because the trial court had made a finding that plaintiff had substantially performed the contract.