Lunt v. Stephens

Citations

• 75 Ill. 507

Syllabus

<p>1. Mechanic’s lien — limitation, as to subsequent creditors. Where the petition for a mechanic’s lien is not filed within six months after the completion of the work, and the money for the labor and materials is due, tlio lien given by statute cannot prevail over the liens of intervening creditors, or the rights of others acquired by purchase under such intervening liens.</p> <p>2. Contbact — construed as to the number of buildings to be erected. Under a contract, by which the contractor is to do all the mason, stone and brick work, and furnish the materials for a company in the erection of its works and appurtenances, no number of buildings being specified, and it not being known just what buildings the company would require, the contractor will have no right to insist upon the erection of any certain number-of buildings, but only such as the company may elect to have erected.</p> <p>3. Same — when buildings erected under such contract will be regarded as disconnected from, those first built, in famor of intervening creditors. Where, under a contract to do all the labor and furnish all the materials of a certain kind for the erection of such buildings and appurtenances as the owner might require for certain purposes, the contractor did all the work he was required to do, or nearly so, on the buildings required to be erected, and settled for the same; and, after the Chicago fire, and a temporary suspension of the owner, growing out of the fire, he furnished labor and materials in the following year on other buildings connected with the first, but which could have been omitted, and then filed his petition to enforce his lien for the several sums due him, including that due in'the first year, it was held, in favor of intervening creditors, who were sought to be postponed as to the whole of the contractor’s claim, that the last work, etc., could not be held to be a continuation of the first, but rather as a new and independent undertaking.</p> <p>4. Mechanic’s lien