Fox v. Benham Manufacturing Co.
Michigan Supreme Court
Cross-appeals from Wayne; Perkins, J., presiding. Bill by Norman W. Fox against the Benham Manufacturing Company, Fred R. Johnson, and another, to foreclose a mortgage. Defendant Johnson filed an answer in the nature of a cross-bill for the foreclosure of a mechanic’s lien. The Peninsular State Bank filed a separate bill against the Benham Manufacturing Company and others to foreclose another mortgage. The cases were consolidated and heard as one.
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Cross-appeals from Wayne; Perkins, J., presiding. Bill by Norman W. Fox against the Benham Manufacturing Company, Fred R. Johnson, and another, to foreclose a mortgage. Defendant Johnson filed an answer in the nature of a cross-bill for the foreclosure of a mechanic’s lien. The Peninsular State Bank filed a separate bill against the Benham Manufacturing Company and others to foreclose another mortgage. The cases were consolidated and heard as one. From a decree sustaining the priority of the lien over the mortgages, plaintiffs appeal.
1Opinion of the CourtMoore, J.
In the year of 1912 the Benham Manufacturing Company was the owner of real estate. Fred R. Johnson in August entered into a contract with the Benham Manufacturing Company to erect for the Benham Manufacturing Company a factory building. The arrangement was that Mr. Johnson was to pay for the labor and materials used in the building from the funds turned over to him by the Benham Manufacturing Company, and in addition was to receive as his compensation for the superintending of the construction 15 per cent, of the total cost of the labor and materials. The work on the building was started…
2Cases cited2 opinions
- Barnett's v. ClooneyMissouri Court of Appeals · 1896
- Barnett's v. ClooneyMissouri Court of Appeals · 1896
3Cited by1 opinion
- Sullivan Construction Co. v. Twin Falls Amusement Co.Idaho Supreme Court · 1927