Mervin v. Sherman
Supreme Court of Iowa
Appeal from Dxibuque District Court. Petition asked a mechanic’s lien. The contract was made with Nickols, and the action is brought against him, certain persons as subsequent incumbrancers, and Sherman a subsequent purchaser.
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Appeal from Dxibuque District Court. Petition asked a mechanic’s lien. The contract was made with Nickols, and the action is brought against him, certain persons as subsequent incumbrancers, and Sherman a subsequent purchaser. The petition contains this averment: “ said Sherman claims to be the owner of said premises, and as such, agreed in consideration of forbearance on the part of plaintiff to sue his claim at that time; that he, said Sherman, would pay him the said sum of (stating amount claimed of Nickols), within a reasonable time; and plaintiff alleges that the time for payment has…
1Opinion of the CourtWeight, C. J.
The demurrer should have been sustained. There was no priority of contract between Nickols and Sherman. Granting that they were severally liable to plaintiff, their liability arose from and grew out of separate and independent contracts. Plaintiff was not entitled to a-mechanics’ lien by virtue of any contract made with Sherman, giving it ever so much force, for he performed no work, nor furnished any materials upon or in fulfilment of it. This right to the lien, and to recover in this action, is based upon *333his contract with Nichols, and it was clearly irregular to ask or take a joint…
2Cases cited1 opinion
- Goble v. GaleIndiana Supreme Court · 1844
3Cited by8 opinions
- Gilcrest v. GottschalkSupreme Court of Iowa · 1874
- Perfection Tire & Rubber Co. v. Kellogg-Mackay Equipment Co.Supreme Court of Iowa · 1922
- Delaware Railroad Construction v. Davenport & St. Paul Railway Co.Supreme Court of Iowa · 1877
- Gagle v. BesserSupreme Court of Iowa · 1913
- Shickle, Harrison & Howard Iron Co. v. Council Bluffs Water-Works Co.U.S. Circuit Court for the Southern District of Iowa · 1887
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