St. Louis National Stock Yards v. O'Reilly

Citations

• 85 Ill. 546

Syllabus

<p>1. Mechanic's lien—in respect to sub-contractor. Payments made by the owner of a building, of just debts, on the orders of the sub-contractor, accepted verbally before any notice of lien is served on such owner by subcontractors, is good, though the payments are made after service of the notice.</p> <p>3. If a sub-contractor does not give the owner notice of his intention to claim a lien on the building within twenty days from the completion of the sub-contract, or within twenty days after payment should have been made for the work under the sub-contract, he will have no lien under the statute. The lien can not be created outside the statute, or extended beyorid its terms.</p> <p>3. Where, after possession is given of a building, defects and omissions are discovered, which the architect supervising the work requires to be supplied to complete the contract, and this is done by sub-contractors, the subcontracts can not be said to be completed until such work is done, and notice of liens by such sub-contractors may be given with reference to this point of time.</p> <p>4. Same—decree finding sum due on two different contracts, when proper. Where there are two distinct contracts for the erection and completion of two. separate buildings, situate, however, on the same tract of land, there is no error in finding the gross sum due from the owner under both contracts. It is otherwise where the buildings are on different lots.</p> <p>5. Same—extends to whole tract of land. As the statute declares a mechanic’s lien shall be a lien on the lot or tract of land on which the erections are made, there is no error in making a decree in respect to the erection of two buildings on an United States survey of 400 acres, extend to the entire tract.</p> <p>6. Verbal acceptance of order. A verbal acceptance of an order drawn on a party is binding on him, and his statement, when presented with the order, that he could not then pay it, but would pay the same, is equivalent to an acceptanc