Kinney v. Sherman
Illinois Supreme Court
This petition for a mechanics’ lien sets out, that on the' 1st of October, 1858, defendants entered into a contract with petitioner to build a certain house on a certain lot, the property of defendants, for $1,200. The petition sets out particularly the work to be done.
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This petition for a mechanics’ lien sets out, that on the' 1st of October, 1858, defendants entered into a contract with petitioner to build a certain house on a certain lot, the property of defendants, for $1,200. The petition sets out particularly the work to be done. That the work was to be paid for as fast as the money should be needed to pay for labor and materials, and according to the demand and desire of the petitioner, and as fast as the work progressed ; that the house should be finished by the 1st of May, 1859, and the amount then remaining due should be fully paid ; that after the…
1Opinion of the CourtBbeese, J.
This court has, so often, affirmed the principles on which these applications for liens must be based, that it cannot be necessary now to go into the argument. In Cook et al. v. Vreeland, 21 Ill. 431, it was held, a lien cannot attach unless the contract provides a time within which the work is to be completed. The law cannot imply any time for its completion; that must be left to the express contract of the parties. And in Sutherland v. Ryerson et al., 24 Ill. 520, we said, that it is not the mere furnishing the materials or doing the labor which creates this lien, but it is the contract of…
2Cases cited1 opinion
- Cook v. VreelandIllinois Supreme Court · 1859
3Cited by10 opinions
- Andrews & Johnson Co. v. AtwoodIllinois Supreme Court · 1897
- Moore v. ZelicIllinois Supreme Court · 1930
- Stanley J. Gottschalk Construction Co. v. CarlsonAppellate Court of Illinois · 1929
- Geary v. BangsAppellate Court of Illinois · 1890
- Baxter v. HutchingsIllinois Supreme Court · 1868
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