Cary-Lombard Lumber Co. v. Fullenwider

Citations

• 150 Ill. 629
• 37 N.E. 899

Syllabus

<p>1. Mechanic's lien — statute to be strictly pursued. This court has repeatedly held that the statute relating to mechanic’s liens is to be strictly pursued, and that a party seeking a lien thereunder must show compliance with its provisions.</p> <p>2. Same — sub-contractor—section 29 of Lien act construed. Section. 29 of the Lien act creates a lien in favor of a sub-contractor or material-man, without limitation other than that the liens therein authorized shall not exceed the price fairly stipulated to be paid by the owner to the original contractor for the building or improvement made, and shall not exceed the amount of indebtedness due from the owner to the original contractor.</p> <p>3. Same — sections 30 and 31 of the act construed. The purpose of sections 30 and 31 of the act relating to mechanic’s liens was to require notice to the owner, to the end that he should be protected against liens of which he had no notice, and the notice thereby required applies to sub-contracts not completed when it was given. Section 31, requiring notice to be served within forty days from the completion of the subcontract, is a limitation of the time, beyond which notice will cease to be effective to protect the rights of the sub-contractor under section 29 of the act.</p> <p>4. Same — time of service of notice by sub-contractor. The notice which a sub-contractor is required to give the owner, under section 31 of the act, in order to preserve his lien, maybe given at any time after the sub-contract is made, and before the expiration of forty days after completion of the sub-contract, or forty days after payment should have been made to the person performing labor or furnishing the materials.</p> <p>5. Same — contract payable in monthly installments. A contract was made for the furnishing of materials to be used in the erection of a building, the same to be furnished as the wort progressed, and to be paid for in monthly payments, so that all the materials supplied in any month