Shellabarger v. Thayer
Supreme Court of Kansas
Error from Sedgwick District Court. Shellabarger & Leidigh, plaintiffs, claimed a sub-contractors’ lien upon Lot No. 68 on Main street, in the city of Wichita, owned by Isaac Thayer and George Shipton, two of the defendants, for lumber sold to one H. H. Lindsay, to be used in the construction of a building which Lindsay had contracted with said Thayer &'Shipton to erect on said lot.
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Error from Sedgwick District Court. Shellabarger & Leidigh, plaintiffs, claimed a sub-contractors’ lien upon Lot No. 68 on Main street, in the city of Wichita, owned by Isaac Thayer and George Shipton, two of the defendants, for lumber sold to one H. H. Lindsay, to be used in the construction of a building which Lindsay had contracted with said Thayer &'Shipton to erect on said lot. Lindsay died after the completion of the building, and his administrator was made a co-defendant. The district court, at the September Term 1874, found due plaintiffs, fromTjindsay’s estate, on account of said…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The facts in this case are briefly these: On June 28th 1872, the defendants in error contracted with one H. H. Lindsay for the building of a house on a lot belonging to them in the town of Wichita. The contract-price was $1,300 — $800 of which was paid at the execution of the contract, and before the commencement of the work. Lindsay completed his contract. The plaintiffs in error sold Lindsay lumber for the building to the amount of about $900. Having taken, the proper steps to perfect their lien, the question is, whether it extends to the…
2Cited by9 opinions
- Clough v. McDonaldSupreme Court of Kansas · 1877
- Clark Lumber Co. v. PassigSupreme Court of Kansas · 1959
- Fossett v. Rock Island Lumber & Manufacturing Co.Supreme Court of Kansas · 1907
- Vonachen v. Pratt Glass Co.Supreme Court of Kansas · 1952
- Wilson v. School District No. 2Supreme Court of Kansas · 1876
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