Burns v. Lane
Appellate Court of Illinois
In error to the City Court of East St. Louis; the Hon. W. P. Launtz, Judge, presiding. The defendant in error filed his hill in chancery to enforce a mechanics’ lien, alleging that on March 17, 1881, Bridget Burns, plaintiff in error, was owner of a leasehold estate in a certain described lot of land; that on said date he entered into a written contract with her father, John Burns, to build a house on said ground; that at the making and signing of the contract Bridget Burns…
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In error to the City Court of East St. Louis; the Hon. W. P. Launtz, Judge, presiding. The defendant in error filed his hill in chancery to enforce a mechanics’ lien, alleging that on March 17, 1881, Bridget Burns, plaintiff in error, was owner of a leasehold estate in a certain described lot of land; that on said date he entered into a written contract with her father, John Burns, to build a house on said ground; that at the making and signing of the contract Bridget Burns gave full consent and approval, and that John Burns, in making the contract, was her agent; that he did some extra work…
1Opinion of the CourtWilkin, P. J.
The only substantial grounds upon which a reversal is urged here, is that the evidence fails to establish any lien against the property described in the bill. First, because it fails to show the relation of principal and agent between John Burns and plaintiff in error who owned the lots; and second, because the contract entered into by Jolin Burns does not describe the premises on which the house was to be built.
That a contract creating a mechanics’ lien under our statute must be made with the owner, is clear, but as in any other case that contract may be made through an agent. Phillips on…
2Cases cited7 opinions
- Schwartz v. SaundersIllinois Supreme Court · 1867
- Searing v. ButlerIllinois Supreme Court · 1873
- Clark v. ManningIllinois Supreme Court · 1878
- Power v. McCordIllinois Supreme Court · 1864
- Williams v. ButlerIllinois Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bruck v. BowermasterAppellate Court of Illinois · 1890
- Prendergast v. McNallyAppellate Court of Illinois · 1898