Proctor v. Tows

Citations

• 115 Ill. 138
• 3 N.E. 569

Syllabus

<p>1. Agency—proof of agency—ratification. An agency can not be proven by the mere declarations of a party claiming to be an agent, where the fact of agency is in issue, and they are not made in the hearing of the principal, and the latter never has approved of them.</p> <p>2. An implied ratification of the acts and declarations of one assuming to act as the agent of another, must be based upon a full knowledge of all the facts.</p> <p>3. Tenancy at stjfeebance—when it exists. Where a person buys a lot of ground, and permits another to occupy the same under no particular agreement as to time, the latter will be a tenant at sufferance, even though he may put improvements upon the premises.</p> <p>4. Same—forfeiture. A conveyance of premises by one occupying them as a tenant at sufferance of the owner, will forfeit the tenancy and terminate his interest.'</p> <p>5. Mechanic’s eien—in respect to a building erected on land by one other than the owner. If labor and materials are furnished to a party in possession of a lot as a mere tenant at sufferance, with which to enable the occupant to build a house thereon, with knowledge that he is not the owner, and the material and labor and advances are charged-to such occupant alone, the owner of the property not directing or knowing of the improvement until after its completion, the latter will not be liable for the price, nor will his property be subject to any lien therefor.</p> <p>6. The fact that a person purchases a lot as the agent of another, does not give him implied power to contract in behalf of the latter for the erection of a building thereon; and if he is furnished with funds as agent, and instructed to build a house with such funds, he will have no implied power to build on credit, and his mere possession of the premises will confer no power on him to bind anybody’s interest but his own.</p>