Legal Opinion

Shope v. Mitchell

Supreme Court of Iowa

Decided January 22, 1902PublishedCited by 1 opinion

Appeal from Dallas District Court. — How. J. D. Gamble,. Judge. i A'ction by the plaintiff to establish and enforce a mechanic’s lien against the defendants Mitchell and. Thorn-burg. The McColl Lumber Company and T. J. Gilbert were material men, who ask to recover on independent contracts-with Mitchell and the Thornburgs. J. H. Eller is a material man, who seeks to establish a lien.

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Appeal from Dallas District Court. — How. J. D. Gamble,. Judge. i A'ction by the plaintiff to establish and enforce a mechanic’s lien against the defendants Mitchell and. Thorn-burg. The McColl Lumber Company and T. J. Gilbert were material men, who ask to recover on independent contracts-with Mitchell and the Thornburgs. J. H. Eller is a material man, who seeks to establish a lien. There was a judgment for the plaintiff and for Gilbert and the McColl Lumbér Company against the defendants Mitchell and Thornburg, and a judgment for the intervener, Eller, against the plain-» tiff, Shope. The…

1Opinion of the Court

Sherwiñ, J. —

As between the plaintiff and defendants Mitchell and Thornburg, we are entirely satisfied with the judgment of the trial court. A large part of the $229.44 found due the plaintiff is. admitted, and the evidence supports the further finding as to the amount due. The plaintiff contracted to put up a building for the defendants Mitchell and Thornburg, furnishing all material and labor therefor, at the agreed price of $4,800. T. J. Gilbert and the McColl Lumber Company furnished material which went into the building, and now make the claim that it was furnished under a contract with…

2Cases cited3 opinions

  1. Lounsbury v. Iowa, Minnesota & North Pacific R. Co.Supreme Court of Iowa · 1878
  2. Wetmore v. MarshSupreme Court of Iowa · 1891
  3. Robinson v. State InsuranceSupreme Court of Iowa · 1881

3Cited by1 opinion

  1. Knudson v. BlandSupreme Court of Iowa · 1962

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