Paulsen v. Manske

Citations

• 126 Ill. 72
• 18 N.E. 275

Syllabus

<p>1. Mechanic’s lien—of the character of estate in land, to which the lien may attach. In order that a mechanic’s lien may attach, it is indispensable that the party with whom the contract is made shall have some estate or interest in the premises upon which the building is erected or improvement made; but such estate may be the fee, or an estate for life, or for years, or any interest, legal or equitable, in the land. The lien may attach to a mere pre-emption right.</p> <p>2. Under the present statute, one in the possession of land under a mere contract of purchase is to be considered the owner, in the sense of the statute, only to the extent of the interest he has, and that interest is what the mechanic’s lien affects.</p> <p>3. The owner of a lot entered into an agreement with P., whereby the latter was to erect certain buildings on the lot, those on a certain designated part of the lot to cost $5846, in consideration of which the lot owner was to convey the remaining portion, being ninety-five feet, to P. The owner was to execute mortgages on the whole lot to raise money to enable P. to make the proposed improvement: Held, that P. had such an interest 'in the portion of the lot which was to be conveyed to him under this agreement, as would sustain a mechanic’s lien, and that the lot owner, having authorized P. to contract for the buildings and received the benefits of the improvements, could not escape liability to the mechanics and material-men.</p> <p>4. Same—contract through an agent. If the owner of land authorize a third person to enter into a contract for the erection of buildings thereon, the owner will thereby make his land liable to the lien of the mechanics for labor, etc., thereon.</p> <p>5. Release op lien—in whose favor it will operate. Where payment is not made of a demand for which the holder has a lien, and a release of such lien is made for a certain purpose, as, to give a mortgage priority over it, the court will confine the operation of the r