Perfection Tire & Rubber Co. v. Kellogg-Mackay Equipment Co.
Supreme Court of Iowa
Appeal from Lee District Court. — John E. Craig, Judge. Aotion in equity to cancel and set aside a mechanics’ lien. Defendant filed cross-petition against plaintiff to recover, for material furnished and labor performed under a written contract and to foreclose the mechanics’ lien, which plaintiff seeks to cancel. Demurrer of plaintiff to the cross-petition was sustained, whereupon the defendant filed a counterclaim praying for tlie same relief as in the cross-petition.
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Appeal from Lee District Court. — John E. Craig, Judge. Aotion in equity to cancel and set aside a mechanics’ lien. Defendant filed cross-petition against plaintiff to recover, for material furnished and labor performed under a written contract and to foreclose the mechanics’ lien, which plaintiff seeks to cancel. Demurrer of plaintiff to the cross-petition was sustained, whereupon the defendant filed a counterclaim praying for tlie same relief as in the cross-petition. Plaintiff filed a motion to strike the counterclaim which was sustained. Defendant elected to stand on its pleadings and the…
1Opinion of the Court
De Gjsaff,, J.
On October 7, 1919 the defendant filed statement for a mechanics’ lien in the office of the clerk of the district court of Lee County, Iowa and it is to this lien that plaintiff’s petition relates.
1. Mechanics’ liens: collateral security: retention. of title to improvement. On February' 20, 1918 plaintiff and defendant entered into a written contract under which the defendant agreed to erect and install a system of automatic sprinklers in the plaintiff’s manufacturing plant at Fort Madison, Iowa for the sum of $19,726. It is unnecessary to recite in detail the terms and…
2Cases cited12 opinions
- Union Pacific Railroad v. Mason City & Fort Dodge RailroadSupreme Court of the United States · 1905
- Chase v. American Cartage Co.Wisconsin Supreme Court · 1922
- In re Waddell-Entz Co.Supreme Court of Connecticut · 1896
- Clark v. MooreIllinois Supreme Court · 1872
- Cooper v. CleghornWisconsin Supreme Court · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Chicago Title Insurance Co. v. HuffSupreme Court of Iowa · 1977
- Clemens Graf Droste Zu Vischering v. KadingSupreme Court of Iowa · 1985
- In Re Estate of FinchSupreme Court of Iowa · 1948
- Spangler v. MisnerSupreme Court of Iowa · 1947
- Central Ready Mix Co. v. John G. Ruhlin Construction Co.Supreme Court of Iowa · 1966
9 more not listed; retrieve them via the Exa API.