Kinzey v. Thomas
Illinois Supreme Court
The petition in this case avers that Thomas (complainant below) made a certain contract with Kinzey, the plaintiff in error, whereby Thomas, in consideration of certain stipulations of Kinsey, agreed to furnish him certain building and fencing materials, to be used in erecting a dwelling-house and appurtenances thereof, on a certain tract of land described in the petition ; and that Kinzey, on his part, in consideration thereof, agreed, within a reasonable time after being…
Read the full summary
The petition in this case avers that Thomas (complainant below) made a certain contract with Kinzey, the plaintiff in error, whereby Thomas, in consideration of certain stipulations of Kinsey, agreed to furnish him certain building and fencing materials, to be used in erecting a dwelling-house and appurtenances thereof, on a certain tract of land described in the petition ; and that Kinzey, on his part, in consideration thereof, agreed, within a reasonable time after being furnished with such materials, to pay Thomas a reasonable price therefor. The answer of Kinzey was, on motion of…
1Opinion of the CourtBreese, J.
This was a petition for a lien for materials furnished in the erection of a dwelling-house- and fencing on a part of the land described in the petition. An answer was put in by the principal defendant, the plaintiff here, which was stricken from the files, for the reason that it was not filed within the time fixed by the court. Thereupon the defendants who had not answered interposed a demurrer to the petition, which was overruled. We have only to do with the questions arising upon the demurrer to the petition. The demurrer was general, and to the merits, and in bar of the action, and brings…
2Cases cited10 opinions
- Cook v. HealdIllinois Supreme Court · 1859
- Raymond v. StrobelIllinois Supreme Court · 1860
- Tuttle v. WilsonIllinois Supreme Court · 1860
- Cook v. VreelandIllinois Supreme Court · 1859
- Burkhart v. ReisigIllinois Supreme Court · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Martin v. BeckerCalifornia Supreme Court · 1915
- Vail v. DrexelAppellate Court of Illinois · 1881
- Croskey v. CoreyIllinois Supreme Court · 1868
- Packard v. KingSupreme Court of Colorado · 1877
- George S. Lyon & Sons Lumber & Manf. Co. v. Equitable Loan & Investment Co.Illinois Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.