Jones & Magee Lumber Co. v. Murphy
Supreme Court of Iowa
Appeal from Union Circuit Court. Action upon an account for lumber, and to enforce a mechanic’s lien. The plaintiff furnished lumber as a sub-contractor to the defendant, Winhley, as contractor, to be used in the erection of a dwelling house for the defendant, Murphy. The court rendered judgment against Winhley for $754/94, but denied the plaintiff a mechanic’s lien. The plaintiff appeals from the ruling denying a lien.
1Opinion of the CourtAdams, J.
1io’™neniN' sub-contract- or: notice in 30 days: wbat is: successive contracts. The evidence shows that the house, with the exception of the porch, was, so far as Winhley’s contract was concerned, finished about June 20, 1882. Afterwards Winhley, under a subsequent contract, ... * . . . . . f «... built a porch to the house, which was finished 1 about June 29. At the time the work under the first contract was completed, or soon thereafter, Murphy settled with Winhley for such work and materials, paying him $300, and giving him notes secured by a mortgage upon the building for the balance,…
2Cases cited3 opinions
- Stewart v. WrightSupreme Court of Iowa · 1879
- Gilchrist v. AndersonSupreme Court of Iowa · 1882
- Winter & Co. v. HudsonSupreme Court of Iowa · 1880
3Cited by18 opinions
- Farmers Loan & Trust Co. v. Canada & St. Louis Railway Co.Indiana Supreme Court · 1891
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
- Chicago Lumber & Coal Co. v. SmithSupreme Court of Kansas · 1911
- Epeneter v. Montgomery CountySupreme Court of Iowa · 1896
- Jefferson Plumbers & Mill Supply Co. v. PeeblesSupreme Court of Alabama · 1916
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