A Treatise On the Mechanic's Lien Law of the State of Illinois : As in Force March 1, 1894, So Far As the Same Relates to Real Estate

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33 111. 447.
Pleading and Practice. 151 could have any other effect upon contracts for building than those for other purposes.
Where work is being done for a partnership, its dissolution does not affect the lien on the property. If the firm orders improve- ments on the land of one, the claim is a lien upon the land as well as a debt of the firm.' Where, after contract, the partnership is dissolved, and the remain- ing member continues on, in and completes the work, the partner- ship character c
...ontinues in him so far as to enable enforcement of the lien and collection of the debt. If one dies, the survivor can prosecute the lien in the name of the firm for the use and benefit of himself.
It has been held that where one makes a .contract to furnish mate- rials and takes in a partner for future work, only, and they continue to fill the contract, that a judgment could not be rendered for one for what was due him, for the firm for what/ was due it in the same action. Justice Walker dissented, and held there was an implied contract with the firm.


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