Legal Opinion

F. A. Drew Glass Co. v. Eagle Mill Co.

Court of Appeals of Kansas

Decided November 9, 1895PublishedCited by 2 opinions

Memorandum. — Error from McPherson district court; Frank Doster, judge. Action by The F. A. Drew Glass Company against PI. Schofield and W. H. Schofield, formerly copartners as Schofield & Son, A. J. Gustafson, A. F. Brulin, and Dayid Lindblom, copartners as The Eagle Mill Company, and James Smalley. Judgment for the last two defendants. Plaintiff brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Cole, J. :

This was an action brought in the district court of McPherson county to enforce a mechan*615ic’s lien, and was tried upon the following agreed statement of facts :

“ It is admitted that the Eagle Mill Company owned half of the building in question, and that each of the Smalleys owned a fourth; that the ownership is as alleged in defendant’s amended answer. It is also admitted that the glass was bought from Schofield & Son, and was bought and used in the building described in defendant’s petition. It is admitted Schofield & Son were contractors for…

2Cases cited4 opinions

  1. Deatherage & Ewart v. HendersonSupreme Court of Kansas · 1890
  2. Newman v. S. A. Brown & Co.Supreme Court of Kansas · 1882
  3. A. B. Martin & Co. v. M. Burns & Co.Supreme Court of Kansas · 1895
  4. Conter v. FarringtonSupreme Court of Minnesota · 1891

3Cited by2 opinions

  1. Projects Unlimited, Inc. v. Copper State Thrift & Loan Co.Utah Supreme Court · 1990
  2. Norris v. NitschSupreme Court of Kansas · 1958

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