New Erie Coal Co. v. H. McMullen & Sons

Appellant filed its bill against appellees to enforce a lien under section 23, chapter 82 of the Revised Statutes, Cahill’s St. ch. 82, ¶ 23, for the rental of a crane used by H. McMullen & Sons, in the construction of a hard road in Kankakee county. A demurrer was sustained and a decree was entered dismissing the bill for want of equity. An appeal is prosecuted from that decree.

H. McMullen & Sons entered into a contract with the county of Kankakee for the construction of a hard road in that county. The bill of complaint alleges that appellant, New Erie Coal Company, agreed to furnish the…