Hill Behan Lumber Co. v. Marchese

Mr. PRESIDING JUSTICE THOMAS J. MORAN

delivered tire opinion of the court:

Plaintiff, a materialman, brought suit to foreclose a mechanics lien or, in the alternative, to impose an equitable lien upon the premises owned by the defendants, Dominic and Edith Márchese. The trial court held for the defendants and the plaintiff appeals.

In March of 1968, the defendants contracted with the defendant Nu-Look Construction Company for improvements to their home. Work was begun immediately. The testimony reflects that plaintiff was the sole supplier of lumber for that contract. From March 14 to April 17,…