Legal Opinion

Main Street Hotel Co. v. Horton Hardware Co.

Supreme Court of Kansas

Decided February 8, 1896No. 8003PublishedCited by 10 opinions

Error from Brown District Court. On June 15,1888, E. S. Malone contracted with the Main Street Hotel Company, a corporation, to furnish all material for and construct and complete a three-story brick hotel building, with stone basement, on lots 39, 40, and 41, in block 10, in the original town of Horton, according to certain plans and specifications prepared by Eckel & Mann, architects, for the sum of $17,585.80, one-fourth of said amount to be paid when the basement walls…

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Error from Brown District Court. On June 15,1888, E. S. Malone contracted with the Main Street Hotel Company, a corporation, to furnish all material for and construct and complete a three-story brick hotel building, with stone basement, on lots 39, 40, and 41, in block 10, in the original town of Horton, according to certain plans and specifications prepared by Eckel & Mann, architects, for the sum of $17,585.80, one-fourth of said amount to be paid when the basement walls were completed, one-fourth on completion of the roof, one-fourth when the plastering was done, and the remainder when the…

1Opinion of the Court

The opinion of the court was delivered by

Martin, C. J.: I. The first point suggested is whether the parties that performed labor and furnished material in the construction of this building under subcontracts 'while the law of 1872 was in force could, after the repeal of that law, proceed either thereunder or under the act of 1889 to perfect mechanics’ liens upon the property. It is provided in chapter 104, General Statutes of 1889, ¶6687, which took effect October 31, 1868, that “the repeal of a.statute does not . . . affect any right which accrued . nor any proceeding commenced under or by…

2Cases cited2 opinions

  1. Weaver v. SellsSupreme Court of Kansas · 1873
  2. Shaw v. StewartSupreme Court of Kansas · 1890

3Cited by10 opinions

  1. State Ex Rel. West v. McCaffertySupreme Court of Oklahoma · 1909
  2. Rosenbaum v. Price Construction Co.West Virginia Supreme Court · 1936
  3. James A. C. Tait & Co. v. StrykerOregon Supreme Court · 1926
  4. State Ex Rel. Osage County Savings & Loan Ass'n v. WortenSupreme Court of Oklahoma · 1933
  5. Fossett v. Rock Island Lumber & Manufacturing Co.Supreme Court of Kansas · 1907

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