Cotes v. Shorey
Supreme Court of Iowa
Appeal from the Scott District Court. Plaintiffs sue for materials furnished in the erection of a certain house, and ask a mechanic’s lien. As to the amount due, there is no controversy. The questions in the case, arise upon the instructions given and refused as to the right of the plaintiffs to the lien, for which, see the opinion.
1Opinion of the CourtWeight, C. J.
This case involves the construction of section 981 of the Code, which provides that “ every person who by virtue of a contract with the owner of a piece of land, performs work, or furnishes material, especially for any building, and which material is used in the erection, or reparation thereof, has a lien, &c.” Defendant claims that the material in this case, was furnished to him upon his personal responsibility, and not upon any contract, that it was especially for the building named in the petition. The law of the case upon this subject, as held by the court below, is sufficiently shown by…
2Cited by14 opinions
- Eufaula Water Co. v. Addyston Pipe & Steel Co.Supreme Court of Alabama · 1889
- Emery v. HertigSupreme Court of Minnesota · 1895
- Neilson, Benton & O'Donnel v. Iowa Eastern R. Co.Supreme Court of Iowa · 1879
- Jones v. Swan & Co.Supreme Court of Iowa · 1866
- North v. La FleshWisconsin Supreme Court · 1889
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