Grundeis v. Hartwell

This was a petition to enforce a lien for the value of certain sash, doors, and other materials, furnished by appellee, and used in a building which appellants, Albert and Augustus Grundeis, were erecting in the city of Chicago.

It is first urged, in behalf of appellants, that the contract set out" in the petition is an express contract, and there being no time fixed for the delivery of materials or for payment, no lien can be decreed. It is true, that, under sec. 3 of the Lien act of 1874, where the contract is express, no lien is created if the time stipulated for the completion of the work…