Reed v. Boyd

Citations

• 84 Ill. 66

Syllabus

<p>1. Mechanics’ lien—statement of time of payment and for completing worlc. A petition for a mechanic’s lien which alleges that payments were to be made in installments of ten per cent from time to time, as the work progressed, and fully made when the work was completed, and that the work was to be completed in three years, without fixing any precise day, ■ is substantially good.</p> <p>2. Same—statute does not require a day to be named for completing contract. The statute does not require that a particular day shall he named in a contract of a mechanic to render it valid as a lien, but simply provides that the time for completing the work sfiall not be extended for a longer period than three years, nor the time for payment beyond the period of one year from the time fixed for completion.</p> <p>3. Same—statement of sum dm. A statement in a petition for a mechanic’s lien, that the amount due on the work and materials, according to the contract, was §13,248.94, on which there had been paid §6550.02, leaving a balance due petitioner of §6705.92, and interest thereon, according to a bill rendered and approved by the defendant, is substantially sufficient, as to the sum due.</p> <p>4. Same—of the decree—sale of building and defendants’ interest in lot. Where a petition for a mechanic’s lien alleges that the house built belonged to the defendants procuring the labor and materials, and that they had a leasehold interest in the ground on which it was erected, and this fact is admitted by the default of the owners of the ground, a decree ordering the sale of the house with the interest of the lessees in the land, in default of payment of the sum found due, is proper. The decree -and sale in such case will not affect the interest of the parties holding the reversion in the land.</p> <p>5. Error—assigning errors affecting co-defendant only. One defendant can not urge error as to another who is not complaining, unless it prejudices his rights.</p> <p>6. Summons—referring to c