Young v. Swan
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. D. R. Hindman, Judge. Suit in equity to establish and foreclose a mechanic’s lien against the property of Ella F. Swan, for lumber and building materials sold and delivered. Ella F. Swan, in answer, denied that she ever made or authorized any contract for the purchase of lumber of plaintiffs, and states that she had no knowledge that any material of plaintiffs went into the house which was built on a certain lot owned by her.
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Appeal from Hamilton District Court. — Hon. D. R. Hindman, Judge. Suit in equity to establish and foreclose a mechanic’s lien against the property of Ella F. Swan, for lumber and building materials sold and delivered. Ella F. Swan, in answer, denied that she ever made or authorized any contract for the purchase of lumber of plaintiffs, and states that she had no knowledge that any material of plaintiffs went into the house which was built on a certain lot owned by her. Her husband, E. R. Swan, admits that he purchased lumber of plaintiffs during the years 1889 and 1890, but he denies that he…
1Opinion of the CourtDeemer, J.
1 The evidence shows that the plaintiffs sold and delivered to the defendant, E. IT Swan, who was a contractor and builder and owner of what was known as the “Novelty Works,” various and sundry items of lumber and building material during the years 1888, 1889, 1891, and 1892, amounting in the aggregate to more than one thousand four hundred dollars. This lumber was all sold and charged upon the books to the defendant, E. E. Swan. Various payments were made upon this account, and the balance due May 19, 1892, as shown by plaintiff’s books, was three hundred and twenty-six dollars and seventy…
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