Kelly v. Kellogg

Citations

• 79 Ill. 477

Syllabus

<p>1. Mechanic’s lien—when notice should le given to owner in order to malee him jointly liable with contractor. Where materials are furnished to a builder, and used by him in a building being erected b}r him for another, and no time is agreed upon when they shall be paid for, and by the customary usage of trade all such bills become due and payable at the end of each month, then, in order to make the owner jointly liable with the builder, under the 5th section of the Mechanics’ Lien Law of 1869, the party furnishing the materials must serve the notice required by ,the 2d section of the act within twenty days after the last day of the current month during which the materials were so furnished.</p> <p>2. In the absence of any special contract or fixed custom of trade to the contrary, the law will imply that payment should be made on the delivery of articles purchased; and in order to render the owner of a building jointly liable with the contractor, under the 5th section of the Mechanics’ Lien Law of 1869, for materials furnished to the contractor and used in such building, under a contract between the contractor and material-man to furnish such materials as needed, the notice required by the 2d section of the act should be served on the owner within twenty days after the last item of the material is delivered.</p> <p>3. Same—liability of owner can not be extended by extension of time of payment to contractor. In order to render the owner of a building jointly liable with the contractor for material used in the erection of the building, under the 5th section of the Mechanics’ Lien Law of 1869, the notice provided for in the 2d section of the act must be served on him within twenty days after payment should have been made therefor, and it is not in the power of the contractor and material-man,by a contract, to extend the time of payment, and thus extend the statutory liability of the owner without his knowledge or consent.</p> <p>4. Contract—construction. A contractor