Cost v. Newport Builders' Supply & Hardware Co.
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Frederick D. Fulkerson, Judge; 1. The statute, Kirby’s Digest, § 4970, is in derogation of the common law, and should be strictly construed. Undetit the lien of the contractor, sub-contractor and materialman each rests upon the contract between the owner and the original contractor, and all subcontractors and materialmen are bound to take notice of all the terms of the contract.
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Appeal from Lawrence Circuit Court; Frederick D. Fulkerson, Judge; 1. The statute, Kirby’s Digest, § 4970, is in derogation of the common law, and should be strictly construed. Undetit the lien of the contractor, sub-contractor and materialman each rests upon the contract between the owner and the original contractor, and all subcontractors and materialmen are bound to take notice of all the terms of the contract. A stipulation between the owner and contractor that no liens shall be allowed against the property will bind subcontractors and materialmen. 19 Am. St. Rep. 691; 43 Id. 789; 42 Id.…
1Opinion of the Court
McCurroch, • J.
This is an action instituted by appellee against appellant to enforce a lien for building material furnished by it to one Stewart for use in construction of a storehouse for appellant. The amount of the account sued on is $i-579-i3-
Appellant in his answer alleges that the contract price of the building was $4,800, and that he had already paid out the sum of $4,621.82 for labor and material, and that no part of said sum had been paid to the contractor, Stewart, for his own use.
Appellant in support of this defense offered to prove by witnesses that he had paid out more than the…
2Cases cited6 opinions
- Smalley v. GearingMichigan Supreme Court · 1899
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Long v. Charles T. Abeles & Co.Supreme Court of Arkansas · 1905
- Norton v. ClarkSupreme Judicial Court of Maine · 1893
- Miles v. CouttsMontana Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lyle v. LatouretteSupreme Court of Arkansas · 1946
- Boulia-Gorrell Lumber Co. v. East Coast Realty Co.Supreme Court of New Hampshire · 1929
- Marianna Hotel Co. v. Livermore Foundry & Machine Co.Supreme Court of Arkansas · 1913
- Hume v. Seattle Dock Co.Oregon Supreme Court · 1914
- St. Johns Lumber Co. v. PritzOregon Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.