Alexander Lumber Co. v. Champaign Baseball Club

Appellate Court of Illinois

Alexander Lumber Co. v. Champaign Baseball Club

201 Ill. App. 246

DecidedApril 21, 1916

StatusPublished

This text of 201 Ill. App. 246 (Alexander Lumber Co. v. Champaign Baseball Club) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander Lumber Co. v. Champaign Baseball Club, 201 Ill. App. 246 (Ill. Ct. App. 1916).

Pincite

Opinion

Mr. Justice Graves

delivered the opinion of the court.

2. Mechanics’ liens, § 61*—when material man not entitled to lien. Where a lumber company furnished material to the lessee of real estate, which was used in the construction of a baseball grand stand, bleachers, etc., and later purchased the structure from the lessee and leased it back to it, in both transactions treating the property as personal property and reserving the right to enter at the expiration of the lease and remove it, the owner of the real estate knowing nothing about the transaction, held that the lumber company could not have a lien declared on the real estate for the value of the materials so furnished. 3. Deeds, § 80*—when conveyance not construed as conditional. A conveyance absolute on its face will not be construed to be a conditional one except on competent proof which clearly shows that the intention of the parties was that it should be conditional.

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Mr. Justice Graves

delivered the opinion of the court.

2. Mechanics’ liens, § 61*—when material man not entitled to lien. Where a lumber company furnished material to the lessee of real estate, which was used in the construction of a baseball grand stand, bleachers, etc., and later purchased the structure from the lessee and leased it back to it, in both transactions treating the property as personal property and reserving the right to enter at the expiration of the lease and remove it, the owner of the real estate knowing nothing about the transaction, held that the lumber company could not have a lien declared on the real estate for the value of the materials so furnished. 3. Deeds, § 80*—when conveyance not construed as conditional. A conveyance absolute on its face will not be construed to be a conditional one except on competent proof which clearly shows that the intention of the parties was that it should be conditional.

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Bluebook (online)

201 Ill. App. 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-lumber-co-v-champaign-baseball-club-illappct-1916.