WOLTHAUSEN v. LEDERER

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Docket Number

Gen. No. 41,802. (Abstract of Decision.)

Attorney(S)

C.A. Caplow and Castle, Williams McCarthy, for appellants; Howard R. Brintlinger, C.A. Caplow and Frederick W. Turner, Jr., of counsel; Wetten, Pegler Dale, for appellee; James P. Haffner and Greydon L. Walker, of counsel.

Judges

Opinion by PRESIDING JUSTICE McSURELY.

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Henry Wolthausen, Appellee, v. Helene Lederer et al., Defendants. Appeal of The Shurtleff Company and Mercer Lumber Companies, Appellants.

MECHANICS' LIENS, § 20 — no lien for material where alteration of building in violation of ordinance. In a suit to remove clouds on title wherein it appeared that a party leased premises under a short-term lease, with an option to buy, and the lease contained no provision permitting remodeling of the premises, and the lessee began to reconstruct the house from a single family dwelling into a two family dwelling, without a building permit and in violation of a zoning ordinance as well, the lumber companies who furnished materials to lessee were charged with knowledge of the existence of the zoning ordinance and they could not claim a lien for materials furnished based upon its violation.

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

MATCHETT, J., dissents.

Opinion by PRESIDING JUSTICE McSURELY.

"Not to be published in full." Opinion filed January 19, 1942.

Henry Wolthausen, Appellee, v. Helene Lederer et al., Defendants. Appeal of The Shurtleff Company and Mercer Lumber Companies, Appellants.

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