Legal Opinion

Bartley v. Rogers

Appellate Court of Illinois

Decided November 11, 1902PublishedCited by 1 opinion

Trover.—Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion the court.

This case was tried upon a stipulation of facts. The question of law thereby presented is: A, having agreed to build a house for B, contracted with C for materials which were by C delivered on the lot of B, but in no way affixed to the premises; thereafter A and 0, by mutual agreement, canceled such contract and A told 0 to remove such materials from said premises. 0 attempted to do this, but was prevented by B, who took possession of such materials and made them a part of his house. 0 thereupon suecl B for their value. Can C…

2Cases cited1 opinion

  1. Streator Tile Works v. CoeAppellate Court of Illinois · 1894

3Cited by1 opinion

  1. Hedenberg v. SeebergerAppellate Court of Illinois · 1908

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