Legal Opinion

Trenchard v. Warner

Illinois Supreme Court

Decided December 15, 1856PublishedCited by 5 opinions

This was a bill in chancery filed by Warner against Trenchard, alleging that in January, A. D. 1854, he rented to Trenchard a certain portion of his farm and that Trenchard entered into articles of agreement with him (Warner), by which Warner agreed “to furnish the house where Trenchard then lived, and the lots and stables and firewood for his use, and fifty acres of land to be tended in corn, land to be well broke, in good time, and planted in due season and tended well,”…

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This was a bill in chancery filed by Warner against Trenchard, alleging that in January, A. D. 1854, he rented to Trenchard a certain portion of his farm and that Trenchard entered into articles of agreement with him (Warner), by which Warner agreed “to furnish the house where Trenchard then lived, and the lots and stables and firewood for his use, and fifty acres of land to be tended in corn, land to be well broke, in good time, and planted in due season and tended well,” for which Warner agreed to pay eight cents per bushel in the shock to be measured when well dried. Warner agreed to pay…

1Opinion of the CourtCaton, J.

Admitting that this bill shows such a case as

would authorize a court of equity to interpose its restraining powers, and prevent a sale of so much of the wheat as would be necessary to secure the complainant for the money advanced under the agreement, and admitting farther that the proof shows that Warner did advance to Trenchard three hundred and seventy dollars in good money as alleged in the bill, still the record fails to make out such a case as would justify this decree.

The agreement presupposes that the corn at eight cents per bushel will probably pay the sum of three hundred and seventy…

2Cited by5 opinions

  1. Litch v. ClinchIllinois Supreme Court · 1891
  2. Becker v. BeckerAppellate Court of Illinois · 1884
  3. Bachmann v. Supreme Lodge Knights & Ladies of HonorAppellate Court of Illinois · 1892
  4. Hayden v. Chicago Title & Trust Co.Appellate Court of Illinois · 1894
  5. Fridley v. BowenAppellate Court of Illinois · 1880

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