Van Court v. Bushnell
Illinois Supreme Court
This was a petition, for a mechanics’ lien, stating contract with Hunt & Bailey in latter part of October, 1857, for sale and delivery of lumber for dwelling-houses on lot one, block thirty-five, in Underhill’s addition to Peoria, which lumber was to be delivered at customary market price, as Hunt & Bailey might want it, and was to be paid for on the first day of April, 1858. Pursuant to said contract, complainants sold and delivered, between November 2nd and December 12th,…
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This was a petition, for a mechanics’ lien, stating contract with Hunt & Bailey in latter part of October, 1857, for sale and delivery of lumber for dwelling-houses on lot one, block thirty-five, in Underhill’s addition to Peoria, which lumber was to be delivered at customary market price, as Hunt & Bailey might want it, and was to be paid for on the first day of April, 1858. Pursuant to said contract, complainants sold and delivered, between November 2nd and December 12th, 1857, lumber to the amount of $415.53. Hunt & Bailey paid $15.53. January, 23rd, 1858, said Jared 0. Hunt gave his…
1Opinion of the CourtCaton, C. J.
Unless the note in this case was taken in absolute payment of the debt, it did not discharge the lien. It served but to liquidate the demand, and left the party to ■ seek his satisfaction upon the original contract. The law is the same in this case as it is in any other, where a note has been taken and an action afterwards brought on the original consideration, and the note merely used to show the amount at which the debt had been liquidated.
Nor did the fact, that but one of the parties who purchased the lumber and built the house, owned the land, deprive the party of the lien. In our…
2Cited by11 opinions
- Springer v. KroeschellIllinois Supreme Court · 1896
- Paddock v. StoutIllinois Supreme Court · 1887
- Wheeler v. ReedIllinois Supreme Court · 1864
- Kendall v. FaderIllinois Supreme Court · 1902
- Roach v. ChapinIllinois Supreme Court · 1862
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