Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 25 (April Term, 1860, And April Term, 1861)
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The action was misconceived, and cannot be maintained against these de- feudantB. The judgment of the com't below must be affirmed. Judgment affirTned. James Soott et al. V. Haeden Keeling. [OBIG. ED., PAGE 358.] Mbchaitic's lien — contract must fix time to perform. If the petition foi • mechanic's lien and the proof show that no time was specified in the con tract, within which it was to be performed, no relief can be had. Wrii of Error to the Circuit Court of Fulton county. This case was a pe...tition, by the defendant in error against the plaintifEs in error, to enforce a mechanic's lien. Messrs. Judd, Boyd & James, for the plaintiffs in error. Mr. Wm. H. Herndon, for the defendant in error. Per Curiam : The petition in this case is insufficient. Both the petition and proof show that no time was specified by the contract within which it should be performed. The decree must be reversed, and the suit remanded. Decree reversed. 1861.] LiKDSEY V. Edmiston et al. 317 Statement of the case.
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