J. B. Klein Iron & F. Co. v. A. B. Mays & Co.
Supreme Court of Oklahoma
Error from District Court, Bryan County; Jesse M. Hatchett, Judge. Action by J. B. Klein Iron & Foundry Company against A. B. Mays & Co. and others to foreclose a sub-contractor’s lien. From the judgment the plaintiff brings error.
1Opinion of the CourtKane, J.
This was an action to foreclose a sub-contractor’s lien commenced by the plaintiff in error against A. B. Mays, the contractor. W. T. Bennett, the owner, and various other lien claimants. The petition was in the usual rorm and stated facts sufficient to constitute a cause of action. The answer of Bennett, the owner, consisted of a general denial and affirmative defense to the effect that by reason of the failure of A. B. Mays & Company to carry out the terms of his building contract, said Bennett was compelled to take charge of the construction of said building, which he did, and to complete…
2Cases cited2 opinions
- Fossett v. Rock Island Lumber & Manufacturing Co.Supreme Court of Kansas · 1907
- W. E. Caldwell Co. v. John Williams-Taylor Co.Supreme Court of Oklahoma · 1915
3Cited by10 opinions
- Consolidated Cut Stone Co. v. SeidenbachSupreme Court of Oklahoma · 1937
- Guest v. ShamburgerSupreme Court of Oklahoma · 1926
- CASHWAY LUMBER COMPANY v. LangstonSupreme Court of Oklahoma · 1970
- Uhrich Millwork, Ltd. v. McGuireSupreme Court of Oklahoma · 1930
- Knapp v. Arko Interstate Electric Co.Supreme Court of Oklahoma · 1968
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