Anderson v. Armstead
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Thomas F, Tipton, Judge, presiding. This was a proceeding, instituted by Charles G. Anderson, against Alice M. Armstead, to enforce a mechanic’s lien for labor done and materials furnished on premises belonging to the defendant.
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Appeal from the Superior Court of Cook county; the Hon. Thomas F, Tipton, Judge, presiding. This was a proceeding, instituted by Charles G. Anderson, against Alice M. Armstead, to enforce a mechanic’s lien for labor done and materials furnished on premises belonging to the defendant. The facts of the case are, that plaintiff made a contract with H. H. Armstead, husband of the defendant, to paint the house in question, for which he agreed to give, when done, E. Cole and wife’s warranty deed of lots, purporting to be in Washington Heights addition to Chicago, together with abstracts of lots, or…
1Opinion of the CourtJustice Scholfield
We think it clear, from the evidence before us, that appellant has not been paid for his materials furnished, and work and labor done in painting the house. The Cole deed was a nullity, for the reason that there is no such property in existence as it assumed to convey, and appellant's receipt was given in ignorance of the facts, and does not conclude him.
The only question upon which there is any serious controversy is, whether the wife is, under the circumstances, bound by the acts of her husband.
The law is familiar, that where the owner of property holds out another, or allows him to appear,…
2Cases cited1 opinion
- Higgins v. FergusonIllinois Supreme Court · 1853
3Cited by26 opinions
- In the Matter of Pubs, Inc. Of Champaign, Bankrupt. Appeal of Bank of Illinois in Champaign, ReclamationCourt of Appeals for the Seventh Circuit · 1980
- Springer v. KroeschellIllinois Supreme Court · 1896
- Gray v. CrockettSupreme Court of Kansas · 1886
- Farmers' & Merchants' Bank of Clay Center v. FarwellCourt of Appeals for the Eighth Circuit · 1893
- East St. Louis Lumber Co. v. SchnipperIllinois Supreme Court · 1923
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