Baxter v. Hutchings

Citations

• 49 Ill. 116

Syllabus

<p>1. Mechanic’s lien—petition—contract. Where a petition for a mechanic’s lien alleges that the son of a widow, who was the owner oí a mill, contracted for machinery to place therein as well for himself as for the mother, with her knowledge and consent and as her agent: Held, that it was sufficient on demurrer. But, to succeed, it must be proved that the son had authority from the mother to make the contract; that his mere possession of the mill as agent or otherwise is not evidence of authority to bind any interest, other than his own.</p> <p>2. Contbact—its performance. Under the law of 1845, it was necessary to perform the contract for the delivery of materials within the specified time, to' preserve the lien, but under the act of 1861 it is otherwise. Under the latter act the lien will continue if the materials are furnished after the stipulated time, provided the delivery is completed within one year from the time of commencing their delivery.</p>