CARTWRIGHT, J.
On December 28, 1892, Annella Rood, who was the owner of certain premises in Chicago, entered into a contract, through Francis D. Rood, her husband and agent, with plaintiff in error and John Anderson, who were then partners, to lay the brick and stone work in a five-story brick building which she was about to erect upon said premises. The contract was in the form of a written proposition and acceptance, as follows: ‘Chicago, Ill., Dec. 28. I agree to lay all common brick in the building to be erected by F. D. Rood at Forty-Sixty street and Woodlawn avenue, according to the plans of F. J. Norton, for $5.50 per thousand, kiln counted, the walls to be continuous on the two sides of the building. If air courts of wood are built in the sides, then I am to have $6 per thousand. I will lay all stone foundation for $7 per cord, quarry measure, and also set all cut stone in front at fifteen cents per foot, all openings to be counted out. If pressed brick are laid on side walls for twenty feet, more or less, at the front, I am to have $18 per M. for laying the same, and will furnish the color for the laying. Payments to be made every two weeks, as work progresses. I furthermore agree to complete the mason work on said building within thirty working days. John Anderson & Ehdin. Accepted: F. D. Rood.’ On January 2, 1893, the partnership was dissolved, and the contract assigned by the retiring partner, Anderson, to plaintiff in error. After the completion of the contract plaintiff in error filed his claim for a lien, June 19, 1893, with the clerk of the circuit court, as follws: ‘John Ehdin, being first duly sworn, on oath says that he is the claimant herein, and that the attached Exhibit A is a just and true statement of the account due him from the said Annella Rood and F. D. Rood for labor furnished said Annella Rood and F. D. Rood at the times in said statement mentioned, which various amounts are due and payable to him from and after the respective dates thereof; and affiant says that the labor in said statement mentioned was used in the construction and building and improvement of a brick and stone building situate upon the following described premises in the county of Cook and state of Illinois, to wit: Lot 27, and the south half of lot 28, of H. J. Furber's subdivision of lots 7 and 8 of Lyman's subdivisions; also 1 and 6 of Waite's subdivision, lots 4 to 10 of subdivision of lots 7 and 8, Lyman's subdivision, southeast fracional quarters of section 2, township 38, range 14, in the city of Chicago. And affiant says that there is now due and owing to said John Ehdin from said Annella Rood and F. D. Rood, at whose request said labor was furnished as aforesaid, after allowing him all just credits, deductions, and set-offs, the sum of $1,662.29, for which amount said John Ehdin claims a lien upon the above-described premises. John Ehdin. Subscribed and sworn to before me this 19th day of June, A. D. 1893. [Seal.] S. H. Herbeson, Notary Public.’ ‘Exhibit A. Annella Rood and F. D. Rood to John Ehdin, Successor to Anderson and Ehdin, Dr. To building and construction brick work, setting stone front, sills, etc., as per contract dated December 28, 1892, which said work was performed from said December 28, 1892, up and to the 2d day of June, 1893, upon the premises belonging to said Annella Rood and F. D. Rood...
