Western Sash & Door Co. v. Heiman
Supreme Court of Kansas
Error from Lea vén worth district court; James H. Gillpatrick, judge. STATEMENT. This was a suit to foreclose a' mechanic’s lien, brought by the Western Sash and Door Company against J. C. Heiman and others, trustees of the John Saylor Memorial Methodist Episcopal Church of Linwood, and J. L. Buckner.
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Error from Lea vén worth district court; James H. Gillpatrick, judge. STATEMENT. This was a suit to foreclose a' mechanic’s lien, brought by the Western Sash and Door Company against J. C. Heiman and others, trustees of the John Saylor Memorial Methodist Episcopal Church of Linwood, and J. L. Buckner. The petition contained the following allegations: “. . . Said trustees, acting by and through a contractor, J. L. Buckner, between whom and said trustees some arrangement or agreement had been made by which said Buckner was to assist in the purchase of the material hereinafter described, the…
1Opinion of the Court
The opinion of the court was delivered by
William R. Smith, J.:
The difficulty in the way of a recovery by plaintiff below lies in the lien statement and notice. The Western Sash and Door Company *47stood in the relation of a subcontractor to the church trustees. It sold the material to Buckner. Its president so testified, and its counsel here concede the fact. To establish a valid lien it was required by law to bring itself squa-rely within the statute. That part of section 5119, General Statutes of 1901, relating to subcontractors’ liens, which is applicable to the case in hand reads:
“Any person…
2Cases cited4 opinions
- McIntyre v. TrautnerCalifornia Supreme Court · 1883
- Western Sash & Door Co. v. HeimanSupreme Court of Kansas · 1902
- Hodgson v. BillsonSupreme Court of Kansas · 1875
- Denver Hardware Co. v. CrokeColorado Court of Appeals · 1894
3Cited by5 opinions
- Haz-Mat Response, Inc. v. Certified Waste Services Ltd.Supreme Court of Kansas · 1996
- Holiday Development Co. v. J. A. Tobin Construction Co.Supreme Court of Kansas · 1976
- Badger Lumber & Coal Co. v. SchmidtSupreme Court of Kansas · 1926
- Chicago Lumber & Coal Co. v. WashingtonSupreme Court of Kansas · 1909
- Geis Irrigation Co. of Kansas, Inc. v. Satanta Feed Yards, Inc.Supreme Court of Kansas · 1974