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Crowley Brothers, Inc., Appellee, v. Henry F. Ward et al. Henry F. Ward, Appellant.

MECHANICS' LIENS, § 186 — when property subject to mechanics lien for improvement by tenant. On appeal from decree foreclosing mechanic's lien on defendant's premises on which was located two, story brick building, the first story of which was used for business purposes, and the second story for apartments, where it appeared that tenant who occupied first story contracted with plaintiff contractor to perform plumbing and heating repairs and installations necessary to equip restaurant and that plaintiff contractor was authorized by defendant to go ahead with such work and in addition authorized other work, findings that defendant knowingly permitted work for tenant to be done, without any objection thereto, and expressly authorized work to be done for himself held not against weight of evidence; however, decree would be reversed as to lien asserted for labor and material used in installing trade fixtures above the first floor, none of which was of any benefit to the building, where there was no showing that these items were intended by parties to become a part of the premises.

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

PER CURIAM.

Not to be published in full. Opinion filed July 8, 1943; rehearing granted October 13, 1943; rehearing opinion filed April 27, 1944.

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CROWLEY BROS., INC. v. WARD
(Jul 8, 1943)