Shickle, Harrison & Howard Iron Co. v. Council Bluffs Water-Works Co.
U.S. Circuit Court for the Southern District of Iowa
In Equity. In substance, the bill in this cause sets forth that the complainant, the Shickle, Harrison & Howard Iron Company, made a contract with the- American Construction Company, of New York, and the Council Bluffs City Water-Works Company, whereby complainant agreed to furnish material for the construction of the water-works at Council Bluffs, the construction company agreeing to pay therefor the prices fixed in the contract, and the water-works company guarantying the…
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In Equity. In substance, the bill in this cause sets forth that the complainant, the Shickle, Harrison & Howard Iron Company, made a contract with the- American Construction Company, of New York, and the Council Bluffs City Water-Works Company, whereby complainant agreed to furnish material for the construction of the water-works at Council Bluffs, the construction company agreeing to pay therefor the prices fixed in the contract, and the water-works company guarantying the faithful performance by the construction company of the obligations imposed upon it by the contract; and to that end the…
1Opinion of the CourtShiras, J.
This causo has already been before the court upon a demurrer to the bill, and upon that hearing it was held that if a deposit of $10,000, provided for in the contract under which complainant furnished the pipe and other materials used in the construction of the waterworks at Council Bluffs, was in fact deposited for the benefit of complain*14ants, such deposit would be the taking of collateral security, a'nd would defeat the right to a mechanic’s lien according to the express provisions of section 2 of chapter 100 of the Acts of 16th General Assembly of the state of Iowa. For a full statement of…
2Cases cited4 opinions
- Gilcrest v. GottschalkSupreme Court of Iowa · 1874
- Bissell v. LewisSupreme Court of Iowa · 1881
- Delaware Railroad Construction v. Davenport & St. Paul Railway Co.Supreme Court of Iowa · 1877
- Mervin v. ShermanSupreme Court of Iowa · 1859
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