Wendt v. Martin

Citations

• 89 Ill. 139

Syllabus

<p>1. Mechanic’s hen—must be under contract with the owner. It is the contract of the parties, and the furnishing of labor or material under it, that creates a lien under the statute, and the contract must have reference to the land sought to be subjected to the lien.</p> <p>2. Same—material sold to husband of owner on his own account. Where a husband purchases materials which are used by him in repairing a house owned by his wife, and in so doing does not purchase for her, or profess to act in her behalf, but buys on his own account and solely on his own credit, giving his note for the price, no lien will be created upon the premises of the wife.</p>