Powell v. Webber

Citations

• 79 Ill. 134

Syllabus

<p>1. Mechanic’s lien—-for materials furnished—time of completion of contract. Under the Lien Law of 1845, a petition to enforce a lien for materials furnished is insufficient, unless the contract set out in the petition specifies a time certain within which the materials are to be furnished.</p> <p>3. A contract to deliver lumber to one building a house, as fast as he shall order it, or to deliver it within a reasonable time, is too indefinite as to time to create a lien under the statute.</p> <p>3. Same—effect of act of 1861, as to specific time of performance of contract. The act of 1861 applies only to implied contracts, and in case of an express contract it is essential, to entitle the petitioner to a lien, that a definite time should have been agreed upon for the completion of the work, or furnishing materials.</p> <p>4. Contbact—whether express or implied. A petition for a lien to secure payment for lumber sold by the petitioner, alleged that the petitioner, in November, 1872, contracted with the defendant to furnish lumber to him to build a barn and an addition to his house; th.at the lumber was to be delivered as fast as the defendant desired for the purpose of building, and at the usual and customary prices; that the lumber wuts to be paid for after sufficient had been delivered to build the barn and addition, and when the defendant got some money from the old country, which was to be some time in the spring or summer of 1874: Held, that this was an express contract, and that it was insufficient to entitle the petitioner to a lien, because the time within which the lumber was to be delivered was entirely indefinite.</p>