Stewart v. Wright
Supreme Court of Iowa
Appeal from Des Al aims Ci/reuit Court. On the 20th daj'- of July, 1876, the defendant Mary L.. Wright entered -into a written contract with Alexander Hood,, by which it was agreed that said Hood would furnish all the materials, and construct and complete a building according to . certain plans and specifications, upon a lot owned by the defendant. The consideration to be paid by- defendant was. $5,000, payable in installments, as the work progressed.
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Appeal from Des Al aims Ci/reuit Court. On the 20th daj'- of July, 1876, the defendant Mary L.. Wright entered -into a written contract with Alexander Hood,, by which it was agreed that said Hood would furnish all the materials, and construct and complete a building according to . certain plans and specifications, upon a lot owned by the defendant. The consideration to be paid by- defendant was. $5,000, payable in installments, as the work progressed. Hood; entered upon the performance of his contract, and the defend-. ant paid him, as the work progressed, all of said, sum of $5,000,,…
1Opinion of the CourtRothrock, J.
f. mechanic’s traefor^pay1-’ ment. I. The single question to be determined upon the demurrer was whether the payments, made in good without notice and in strict accord with the contract, protect the defendant from again paying to the snb-contractoi-s the amounts of their respecr tive liens. This question was undoubtedly correctly determined by the court below. Any other rule, followed to its logical conclusion, would effectually prevent a person from complying with a contract which all the world must admit lie has the right to make and perform. If one should contract with a builder to erect a…
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- Neeley v. SearightIndiana Supreme Court · 1888
- Andrews & Smith v. Burdick & GobleSupreme Court of Iowa · 1883
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