Carey-Lombard Lumber Co. v. Daugherty
Appellate Court of Illinois
Mechanic’s lien proceeding. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the March term, 1905. Statement by the Court.
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Mechanic’s lien proceeding. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the March term, 1905. Statement by the Court. August 25, 1892, appellant filed a bill of complaint, alleging that appellant was employed February 2, 1892,- by John Leinhart to furnish lumber to build a building’ on a lot owned by James A. Fullenwider, and was to receive what the lumber was reasonably worth; that it did furnish lumber so required until June 16, 1892, in the amounts and to the value as shown in “Exhibit A,” and it was to be paid for on the…
1Opinion of the CourtJustice Ball
The original petition as first amended set up the completion of the building and its acceptance by the owner.
These were the allegations under which the evidence was presented. The failure of the testimony to establish these allegations is complete. The preponderance of the evidence showed that Leinhart abandoned the building long before it was completed and left the State of Illinois, never thereafter to return. This variance was specifically pointed out by counsel for áppellees at the close of appellant’s evidence. Therefore the decree entered herein was right; unless, first, when the cause…
2Cases cited3 opinions
- Paulsen v. ManskeIllinois Supreme Court · 1888
- Wolverton v. George H. Taylor & Co.Illinois Supreme Court · 1895
- Roberts v. StiglemanIllinois Supreme Court · 1875
3Cited by2 opinions
- Tierney v. SampsellAppellate Court of Illinois · 1912
- Wickes v. WaldenAppellate Court of Illinois · 1909