Fitzgerald v. Van Buskirk

The plaintiff, Homer Fitzgerald, brought this suit against the defendants, James and Sonja Van Buskirk, to foreclose a mechanic’s lien against certain property owned by them. The trial court granted the defendants’ motion to dismiss the complaint on the grounds that it did not state a cause of action.

The plaintiff contends that his complaint was sufficient to state a cause of action under the Mechanics’ Liens Act (Ill Rev Stats 1967, c 82, par 1, et seq.). The complaint alleged that on October 1, 1965, the plaintiff and the defendants entered into an oral contract under which the plaintiff…