Belanger v. Hersey

Citations

• 90 Ill. 70

Syllabus

<p>1. Mechanic’s hen-—strict compliance with statute necessary. The statute which gives a mechanic a lien is in derogation of t.he common law, and must be strictly construed, and no person can have a lien under it without showing a clear compliance with its provisions.</p> <p>2. Same—time of performance and payment. A petition for a mechanic’s lien which does not show that the labor, whether the contract be written or verbal, if an express contract, was to be performed within three years from its date, or that payment was to be made within one year from the time of the completion of the contract, is substantially bad, and shows no right to the lien sought</p> <p>3. Allegations and proof—party confined to his own theory of his case. Where a petition for the enforcement of a mechanic’s lien sets up and relies upon an express contract, the petitioner can not afterwards rely upon a state of facts not set up and relied upon in the petition, as, that the contract was partly express and partly implied.</p>