Brady v. Anderson
Illinois Supreme Court
This was a petition for a mechanics’ lien, filed by Horace G. Anderson and John C. Proctor, against William Brady, Hezekiah M. Wead, and Robert A. Smith.
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This was a petition for a mechanics’ lien, filed by Horace G. Anderson and John C. Proctor, against William Brady, Hezekiah M. Wead, and Robert A. Smith. The petition averred that the petitioners are partners, and that about the 25th of August, 1856, “ William Brady, being or pretending to be the owner ” of lots 4 and 5, in block 35, in Peoria, and being then about to build a hotel thereon, “ contracted with petitioners to sell and furnish such lumber and materials as Brady might want or need in the prosecution of such building.” No particular quantity contracted for, and no price fixed, but…
1Opinion of the CourtWalkee, J.
The petition in this case fails to allege that any time was fixed or agreed upon by the parties, for the payment of the price of the materials furnished. That a time for payment, within the period limited by the statute, should have been fixed by the parties, was necessary to create the lien in favor of the material man, has been repeatedly held by this court. In this, the petition was clearly defective. Nor was the case in anywise aided by the evidence. To recover, the allegations and proofs must agree, at least in substance. This lien is given by statute, is in derogation of the common law,…
2Cited by9 opinions
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- Claycomb v. CecilIllinois Supreme Court · 1862
- Haines v. ChandlerAppellate Court of Illinois · 1887
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