Legal Opinion

McCarty v. Hampton Building Ass'n

Supreme Court of Iowa

Decided June 12, 1883PublishedCited by 5 opinions

Appeal from FrankVun District Cov/rt. Action in equity for the establishment of a mechanic’s lien. Judgment for the plaintiff, and defendant appeals.

1Opinion of the CourtSeevers, J.

— In July, 1880, the plaintiff and defendant entered into a contract in writing, whereby the plaintiff contracted to construct and place in a building erected by defendant a steam heater, in accordance with certain specifications. The plaintiff claims to have complied with the contract on his part, and seeks in this action to recover a balance due him, and establish a mechanic’s lien therefor on the real *288estate. The defendant pleaded: First, that the plaintiff guaranteed that the heater would not consume more than one hundred and twenty-five tons of soft coal annually, but that in truth and…

2Cases cited1 opinion

  1. Adams v. MortonSupreme Court of Iowa · 1873

3Cited by5 opinions

  1. King v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1895
  2. Main Street & Agricultural Park Railroad v. Los Angeles Traction Co.California Supreme Court · 1900
  3. Frankfurt-Barnett Co. v. William Prym Co.Court of Appeals for the Second Circuit · 1916
  4. Tarnow v. CarmichaelNebraska Supreme Court · 1908
  5. Awe v. GaddSupreme Court of Iowa · 1917

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