Illinois Supreme Court, 1861

Hill v. Bishop

Hill v. Bishop
Illinois Supreme Court · Decided January 15, 1861 · Caton
25 Ill. 349
Hill v. Bishop

Cases that cite this one

16 later published cases cite this decision.

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Opinion of the Court

Caton, C. J.

This petition is manifestly insufficient. It shows that the lumber was furnished upon an open general account, and without reference to its being put into any particular building, or even that it should be used in any building. It would have been no violation of the agreement to purchase it, if the material bought had been used in making furniture, or any other personal property. Under our statute, no lien could be created upon any premises by such a purchase of lumber.

The decree must be reversed, and the suit remanded, with leave to the petitioner to amend his petition.

Decree reversed.

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