Joseph Lumber Co. v. Ronald Lambert Tree

Full title: Joseph Lumber Company, Appellant, v. Ronald Lambert Tree et al., Appellees

Court: Appellate Court of Illinois, First District

Date published: Jun 19, 1942

315 Ill. App. 212 (Ill. App. Ct. 1942)

42 N.E.2d 885

Opinion

Gen. No. 41,954. (Abstract of Decision.)

Opinion filed June 19, 1942 Rehearing denied July 1, 1942

MECHANICS' LIENS, § 12^_ — incorporation in building as prerequisite. Where lumber was furnished by plaintiff for improvements of a temporary nature and the improvement was not intended by the lessee or owner to become an integral part of the premises and the structure could be removed on termination of the lease without material damage to the real estate, the improvement did not become an essential or integral part of the building or tend to enhance the value of the premises, and the trial court did not err in denying plaintiff a lien.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. PHILIP J. FINNEGAN, presiding.

Decree affirmed. Heard in second division, first district, this court at October term, 1941.

Hyman Soboroff, for appellant;

Goodspeed, Bates Amundson, for certain appellees;

Hermann P. Haase, for certain other appellee.

Opinion by PRESIDING JUSTICE SCANLAN.

"Not to be published in full." Opinion filed June 19, 1942; rehearing denied July 1, 1942.