Legal Opinion

Cook v. Heald

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 17 opinions

The appellees, Alexander H. Heald and Levi H. Waterhouse, on the 9th February, 1857, filed in the Circuit Court of Cook county, a petition for a mechanics’ lien, setting forth that on or about the 26th June, 1856, they being mechanics, Theodore F. Cook entered into an agreement in writing, with them, (which, with the specifications therein alluded to, are attached to and form part of said petition,) whereby they agreed, iii consideration of the payments to be made by said…

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The appellees, Alexander H. Heald and Levi H. Waterhouse, on the 9th February, 1857, filed in the Circuit Court of Cook county, a petition for a mechanics’ lien, setting forth that on or about the 26th June, 1856, they being mechanics, Theodore F. Cook entered into an agreement in writing, with them, (which, with the specifications therein alluded to, are attached to and form part of said petition,) whereby they agreed, iii consideration of the payments to be made by said Cook, to build, finish and complete, in a workmanlike manner, to the satisfaction of William W. Boyington, superintendent,…

1Opinion of the CourtWalker, J.

It is insisted that the petition, and contract upon which it is based, are insufficient to authorize a decree of the sale of the premises, to satisfy the claim of petitioners, because they do not specify any time within which the materials were to be furnished, and the labor performed. The first section of the eighth division of the “ Chancery Code,” (Scates’ Comp. 156,) provides that, “ Any person who shall by contract with the owner of any piece of land, or town lot, furnish labor or materials for erecting or repairing any building, or the appurtenances of any building, on such land or lot,…

2Cited by17 opinions

  1. Freeman v. RinakerIllinois Supreme Court · 1900
  2. Adler v. World's Pastime Exposition Co.Illinois Supreme Court · 1888
  3. Provost v. ShirkIllinois Supreme Court · 1906
  4. Kelley v. Northern Trust Co.Illinois Supreme Court · 1901
  5. May, Purington & Bonner Brick Co. v. General Engineering Co.Illinois Supreme Court · 1899

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