Empire Fire Proofing Co. v. Comstock
Appellate Court of Illinois
Action of covenant. Appeal from the Superior Court of Cook County; the Hon. Willard M. McEwbn, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1904. Statement by the Court. This is an action of covenant brought by appellant against appellees for work done under a building contract. The first and third counts of the declaration declare on an award alleged to have been made by one Charles T. Hiker, in pursuance of certain provisions of the contract.
Read the full summary
Action of covenant. Appeal from the Superior Court of Cook County; the Hon. Willard M. McEwbn, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1904. Statement by the Court. This is an action of covenant brought by appellant against appellees for work done under a building contract. The first and third counts of the declaration declare on an award alleged to have been made by one Charles T. Hiker, in pursuance of certain provisions of the contract. The second and fourth counts declare upon the contract, omitting the award. The. court below held all of the counts…
1Opinion of the CourtJustice Smith
The principal question presented by this record is whether or not the defendants, appellees, are liable personally in covenant on the contract declared on.
In solving this question we must first consider what is the meaning and intent of the contract. If the intention be to bind the defendants personally by the contract, then the defendants are liable. If on the other hand the clear intent and meaning is to bind the trust estate and thereby to create an equitable lien or charge thereon, which may be enforced in equity, the defendants arc not personally liable.
By the express terms of the…
2Cases cited3 opinions
- Johnson v. LemanIllinois Supreme Court · 1890
- Sperry v. FanningIllinois Supreme Court · 1875
- Thayer v. WendellU.S. Circuit Court for the District of Massachusetts · 1812
3Cited by6 opinions
- Kusiciel v. LaSalle National BankAppellate Court of Illinois · 1982
- Sanni, Inc. v. FiocchiAppellate Court of Illinois · 1982
- Rothbart v. Metropolitan Trust Co.Appellate Court of Illinois · 1940
- Miller v. Racine TrustAppellate Court of Illinois · 1978
- Uihlein v. BuddAppellate Court of Illinois · 1929
1 more not listed; retrieve them via the Exa API.