Opinion
Gen. No. 9,247. (Abstract of Decision.)
Opinion filed February 25, 1941.
MECHANICS' LIENS, — 182 — sufficiency of evidence. In action to foreclose mechanic's lien, gravel bin with heavy concrete foundation was a permanent and not a trade fixture, evidence showed that lessor knowingly permitted lessee to construct improvement, plaintiff who filed claim for lien promptly after delivery of materials did not mislead other creditors who later levied execution on the gravel bin, and claim for lien was not invalid because description of premises covered a larger tract than that covered by the lease of premises which included the gravel pit, where the lessor was familiar with the tract and was not misled and inclusion of the larger tract was not done fraudulently.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of McLean county; Hon. WILLIAM C. RADCLIFF, presiding.
Reversed and remanded in part with directions. Heard in this court at October term, 1940.
Hadley Leren, Richard F. Dunn and Leonard W. Ingram, for appellant;
Charles W. Hadley and Edward Barry, Jr., of counsel;
Louis L. Williams and Costigan, Wollrab Yoder, for appellee Harrison B. Noble.
"Not to be published in full." Opinion filed February 25, 1941.