Williams v. Vanderbilt

Citations

• 145 Ill. 238
• 21 L.R.A. 489

Syllabus

<p>1. Mechanic’s Lien—upon a leasehold interest—extent of the lien. Where the party furnishing the material in altering and repairing a building, contracts with the lessee or lessees of the premises, whatever lien he has under the contract will extend to and attach to the leasehold interest only.</p> <p>2. The party with whom the contract is made by the person furnishing labor or materials, is only regarded as owner, within the meaning of the law, to the extent of the interest which he owns. It is that interest which is subject to the lien. A tenant for life or for years can not, by contract, create a lien on the fee. He may, by contract, create a lien to the extent of his right and interest in the premises, but no further.</p> <p>3. The estate of the lessor can not be subjected to alien for work done or materials furnished under a contract with the lessee, unless the agreement or consent of the lessor is shown, or unless he has done some act to make his estate liable. But if the lessor agress to pay to the lessee a gross sum toward the erection of a house on the demised premises, the estate of the lessor is bound by the mechanic’s lien.</p> <p>4. Same—subject to arrears of rent. If a lease for years has been forfeited for non-payment of rent, the holder of a mechanic’s lien upon the leasehold estate must pay all arrears of rent to the lessor, before he can acquire the rights of the lessee thereunder, even by purchase.</p> <p>5. Same—subject to the conditions of the lease—effect of forfeiture. A mechanic’s lien, which attaches to a leasehold estate, is subject to the conditions of the lease, and may be defeated by a forfeiture. When default in payment of the rent is ground for forfeiture without notice, the lessor may declare the same, and thereby defeat a mechanic’s lien growing out of a contract with the lessee.</p> <p>6. Same—statute strictly construed. The statute which gives a mechanic’s lien is in derogation of the common law, and must receive a strict constru