Beasley v. Webster

Citations

• 64 Ill. 458

Syllabus

<p>1. Mechanic’s lien—where time of payment is not in one yea/rfrom completion. To entitle a party to a lien under tbe statute, the time of completing the contract must not be extended for a longer period than three years from the time of entering into the same, nor the time of payment beyond the period of one year from the time stipulated for the completion thereof.</p> <p>2. Same—contract construed as to time of payment. Where a contract for the erection of a building provided that the owner should pay $560 for the same, as follows: $100 in advance, and $10 per month until the whole of the balance was paid, with 10 per cent interest on all unpaid, the interest and $10 payments to commence when the job was completed, and insure the house for the benefit of the builder, and assign his title to the lot to the builder, after the expiration of one year, for the security of the balance unpaid: Held, as against a subsequent purchaser, on bill to enforce a lien, that the last payment was not to become due within one year from the completion of the contract, and consequently no lien attached ; and that upon the failure of the owner to assign his title to the lot at the expiration of the year, the whole of the debt did not become immediately due, such assignment not being a condition to the extension of the time of payment.</p> <p>3. Contract for the benefit of a third pm'ty—party plaintiff. Where a party, holding a title bond to a lot upon which a small sum remained unpaid, being indebted to B, transferred the same in payment to B, who agreed with the party to complete the payment thereon, and to pay to A the amount due him from such party for erecting a building on the premises, A not being a party to such contract: Reid, that the promise haying been made for the benefit of A, he could maintain an action at law thereon, in his own name.</p>