McCarty v. Carter

Citations

• 49 Ill. 53

Syllabus

<p>1. Infants—contracts by—-for improvement of their property—not binding. Where work is done, or .materials furnished, under a contract made with a minor, for the improvement of his property, such contract is not binding, and the contractor can claim no lien therefor against the property.</p> <p>2. Same—receipt of rents by—after majority—does not amount to a ratification of the contract. And where improvements are made under such a contract, the receipt of rents, after he becomes of age, from the property so improved, does not amount to a ratification, so as to operate as a lien against his property.</p> <p>3. Mechanic’s lien—mechanics and material men—must know with whom they are contracting. A party performing work, or furnishing materials for the improvement of property, must ascertain whether the party with whom he is contracting is a minor or not, and if such contract is with one who has not attained his majority, it is not obligatory upon him, and the lien of the contractor fails.</p> <p>4. Same—persons having a less estate than the fee considered as owners to the extent of their interests. Where a person holds a. less estate than the fee, he is considered, under the statute, as the owner only to the extent of his interest or estate, and can not, by his contract, create a lien against the property to any greater extent than his right and interest therein.</p> <p>5. Same—estate acquired by marriage subject to the lien. And the estate “of a husband, acquired by marriage, may, by his contract, be subjected to the lien.</p> <p>6. Same—acts which will not amount to a ratification of a contract made by a person unauthorized to contract. And where a contract is made by a person to erect a building upon premises which belong to another, and such contract is made without the knowledge or authority of the owner, the fact that such owner, after its completion, receives the rents and profits therefrom, does not amount to a ratification of such contract, so as to create a