Boylan v. Cameron
Appellate Court of Illinois
Foreclosure proceeding with cross-bill seeking mechanic’s lien. Error to the Circuit Court of Cook County; the Hon. John L. Healt, Judge, presiding. Heard in this court at the October term, 1905. Statement Tby the Court. November 8,1900, the Northern Trust Company, trustee, filed three separate bills to foreclose certain trust deeds upon lots six, seven and eight, respectively, in Sidney A. Kent’s subdivision, etc., in Cook county, Illinois.
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Foreclosure proceeding with cross-bill seeking mechanic’s lien. Error to the Circuit Court of Cook County; the Hon. John L. Healt, Judge, presiding. Heard in this court at the October term, 1905. Statement Tby the Court. November 8,1900, the Northern Trust Company, trustee, filed three separate bills to foreclose certain trust deeds upon lots six, seven and eight, respectively, in Sidney A. Kent’s subdivision, etc., in Cook county, Illinois. Shortly thereafter these cases were consolidated. Boylan, who was made a party defendant, filed his answer in the nature of an intervening petition under…
1Opinion of the CourtJustice Ball
We are compelled to affirm the decree of the trial court for the following reasons:
First. The allegations of the cross-bill of plaintiff in error and the proofs do not correspond. ' It is alleged in the cross-bill as amended December 7, 1903, that the contract on which he bases his claim for a lien, as entered into between him and the Central Brick & Stone Co., was a verbal contract. The evidence shows that the parties met June 1, 1900, and then agreed upon the terms of a contract. The next day they met again by appointment and then entered into the written contract which is set out in the…
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