May & Thomas Hardware Co. v. McConnell
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the May & Thomas Plardware Company against.H. L. McConnell and Stoner & Company ; and sought to fasten a material-man's lien on the house and lot owned by the defendant, H. L. McConnell. Stoner & Co. and McConnell entered into a contract, by which Stoner & Co. agreed to build for McConnell a house for a stipulated amount.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the May & Thomas Plardware Company against.H. L. McConnell and Stoner & Company ; and sought to fasten a material-man's lien on the house and lot owned by the defendant, H. L. McConnell. Stoner & Co. and McConnell entered into a contract, by which Stoner & Co. agreed to build for McConnell a house for a stipulated amount. The facts in reference to this contract are sufficiently stated in the opinion. Stoner & Company purchased from May & Thomas Hardware Company certain materials, which,…
1Opinion of the CourtColeman, J.
The suit was commenced in the justice court to recover for materials sold, and to establish a material-man’s lien upon a lot and building of which H. L. McConnell was the owner. The case was tried by the court without the intervention of a jury. According to the complaint, the plaintiffs (material-men) sought to recover a personal judgment against Stoner & Co., the contractors, and upon whose orders the materials were sold, and also against McConnell, the owner; and the transcript from the justice’s court, shows that such was the character of the judgment rendered, and a lien, declared upon…
2Cases cited5 opinions
- Eufaula Water Co. v. Addyston Pipe & Steel Co.Supreme Court of Alabama · 1889
- South & North Ala. R. R. v. Highland Av. & Belt R. R.Supreme Court of Alabama · 1893
- Geiger & Co. v. HusseySupreme Court of Alabama · 1879
- Lee v. KingSupreme Court of Alabama · 1892
- Childers v. City of GreenvilleSupreme Court of Alabama · 1881
3Cited by20 opinions
- Potter Manufacturing Co. v. A. B. Meyer & Co.Indiana Supreme Court · 1909
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- Cocciola v. Wood-Dickerson Supply Co.Supreme Court of Alabama · 1902
- Beals v. Fidelity & Deposit Co. of MarylandAppellate Division of the Supreme Court of the State of New York · 1902
- S. B. Luttrell & Co. v. Knoxville, La Follette & Jellico RailroadTennessee Supreme Court · 1907
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