{ "id": 5288600, "name": "W. C. Rogers v. The Concord Apartment House Co., and The Northern Trust Co., Trustee", "name_abbreviation": "Rogers v. Concord Apartment House Co.", "decision_date": "1901-02-19", "docket_number": "", "first_page": "302", "last_page": "305", "citations": [ { "type": "official", "cite": "93 Ill. App. 302" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "185 Ill. 172", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 3226352 ], "weight": 2, "pin_cites": [ { "parenthetical": "p. 177" } ], "opinion_index": 0, "case_paths": [ "/ill/185/0172-01" ] }, { "cite": "90 Ill. 380", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2757682 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ill/90/0380-01" ] } ], "analysis": { "cardinality": 386, "char_count": 7068, "ocr_confidence": 0.545, "pagerank": { "raw": 2.0446031217563963e-07, "percentile": 0.7505980078375226 }, "sha256": "43946175ad993592a6548a055d0313a653972c7447bc87abe2972f2807c03b1c", "simhash": "1:b767ceaa866c8bb8", "word_count": 1226 }, "last_updated": "2023-07-14T18:02:01.878414+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "W. C. Rogers v. The Concord Apartment House Co., and The Northern Trust Co., Trustee." ], "opinions": [ { "text": "Mr. Justice Freeman\ndelivered the opinion of the court.\nThe principal objection to appellant\u2019s claim for a lien, upon which apparently the demurrer was sustained, is that the written contract provided no definite time within which the work therein agreed upon should be completed or paid for. While the answer in the nature of an intervening petition sets forth that the work was to be done within a reasonable time and to be paid for when done, the written instrument, which purports to contain the whole of the actual agreement, is silent upon those points. Tt is probable that, the work being actually completed within \u201c less than three years \u201d from the .date of the agreement, and immediately accepted, a contract for such completion and for payment within a reasonable time, less than one year thereafter, may be properly implied from the acts of the parties. If the mechanics\u2019 lien laws of 1861 and 1874 were still in force, this might suffice to give appellant a lien. Clark v. Manning, 90 Ill. 380 (382).\nBut it has been held in Freeman v. Rinaker, 185 Ill. 172 (179), in view of the omission from the act of 1895 of certain provisions relating to implied contracts or contracts partly implied or partly expressed, which were contained in the mechanics\u2019 lien statutes of 1861 and 1874, that under the present act \u201c the law can not imply any time for completion,\u201d and therefore the claimant was not entitled to a lien. In that case as in the case at bar, the contract \u201c was an expressed contract as distinguished from an implied contract, and no time was agreed upon for completion of the work.\u201d\nIt is, however, argued with some force, that the court in that case could not have had its attention called to the language of section 1 of the act of 1895, if that opinion is intended to be understood as holding that all provisions \u201cin relation to implied contracts or contracts partly implied and partly expressed are omitted from the act of 1895;\u201d that said act not only states (section 1) that \u201c any person who shall by any contract with the owners \u201d furnish material or perform labor shall have a lien, but expressly states (R. S., Chap. 82, Sec. 21) that a contractor may enforce a lien where he has filed with the clerk of the Circuit Court \u201c a claim for lien * * * which shall consist of a brief statement of the contract, the date the same was made, the date fixed therein or the time implied for completion and for final payment, and the date the same was completed, if completed,\u201d etc. It is urged that as all such requirements were complied with in the present case, the decision in Freeman v. Rinaker is clearly inapplicable. The language of the statute above quoted might perhaps, except for that decision, be deemed broad enough to bring the case at bar within the scope of the opinion in Clark v. Manning, supra, and make applicable what is there said in reference \u201c to implied contracts or to expressed contracts, where no time had been agreed upon for doing the work or furnishing the materials, or where no day of payment had been agreed upon.\u201d If, as was there said, referring to the failure of the law of 1845 to provide for liens under such contracts, \u201cundoubtedly it was to correct these defects in the law of 1845 that the act of 1861 was passed,\u201d there is perhaps plausibility in the contention that the provision in section 1 of the present act as above quoted, and which is not found in the law of 1845, was intended to have the same effect. But such is not the view expressed by our Supreme Court in the Rinaker case, and it is our duty to follow the law as that court has stated it, until otherwise advised by that tribunal.\nAppellee urges that the appellant\u2019s lien claim is defective in that. it is filed in the name of \u201c W. 0. Rogers & Company,\u201d instead of by Rogers himself. But the amended answer sets up that Rogers is doing business under that name, and is himself the claimant. W. 0. Rogers & Company is, in other words, but the business name and style of W. C. Rogers personally, and not the name of a copartnership. We do not regard the objection as material.\nIn view, however, of the express holding in Freeman v. Rinaker, supra (p. 177), that \u201c no lien can be enforced * * * under this contract for the reason that the contract is in writing, and contains no provision as to the time within which the work was to be performed or the money to be paid,\u201d the question is not open for argument in this court, and the judgment must be affirmed.", "type": "majority", "author": "Mr. Justice Freeman" } ], "attorneys": [ "Lewis & Ludington, E. S. Ludington and John Lewis, attorneys for appellant.", "Millard E. Powers and Dupee, Judah, Willard & Wolf, attorneys for appellees." ], "corrections": "", "head_matter": "W. C. Rogers v. The Concord Apartment House Co., and The Northern Trust Co., Trustee.\n1. Mechanics\u2019 Liens\u2014Written Contract Must Contain Provision as to Time for Completing Work or Making Final Payment.\u2014Under section 6 of the mechanics\u2019 lien law of 1895, if the contract is in writing, no lien can be had unless the contract provides for the time for completing the work or for making final payment.\nMechanics\u2019 Liens.\u2014Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1900. Rehearing denied.\nAffirmed.\nOpinion filed February 19, 1901.\nStatement.\u2014Appellant, by his answer in the nature of an intervening petition, became a party to a proceeding originally begun by the Western Planing and Manufacturing Company to establish a mechanic\u2019s lien.\nAppellant likewise claims to be entitled to a lien by virtue of a written proposition \u201c to furnish the Concord Apartment House Company\u2019s building, corner Indiana avenue and Twenty-fourth street, with 1132 pine window screens,\u201d etc., \u201c all to be fitted and hung complete for the sum of $590.\u201d This proposition in writing is indorsed at the bottom, \u201c Accepted. The Concord Apartment House Company, by A. A. Eolf, Sec\u2019y.\u201d Said contract does not, however, by its terms, provide any definite time within which the work is to be completed or paid for. Appellant\u2019s intervening petition, for as such the answer may be considered, alleges that the work was to be done \u201c within a reasonable time \u201d and was to be paid for when done; that \u201c upon the signing of said writing and in compliance with the terms of the contract he commenced work under same and * * * did in all respects comply with the terms of the contract and did complete the contract within a reasonable time, and that immediately after said completion said company accepted the work and took possession and control of said property; that upon the completion of the contract the final payment thereon became due and payable; * * * that time stipulated for completion of work and furnishing materials under said contract was less than three years from date thereof, and the time for the payment was less than one year from the time stipulated for the completion of said work.\u201d\nTo this answer in the nature of an intervening petition a demurrer was interposed which the Superior Court sustained, and thereupon dismissed appellant\u2019s answer.\nLewis & Ludington, E. S. Ludington and John Lewis, attorneys for appellant.\nMillard E. Powers and Dupee, Judah, Willard & Wolf, attorneys for appellees." }, "file_name": "0302-01", "first_page_order": 326, "last_page_order": 329 }