Burdick v. Moulton
Supreme Court of Iowa
Appeal from Jones District Court. Action to establish a mechanic’s lien on areal estate owned by Lucy M. Clark at the time the improvement was made, but who has deceased. A decree establishing the lien was entered by the District Court, and the defendants appeal.
1Opinion of the CourtSeevers, J.
The material question is whether Lucy M. Clark, personally, or through her agent, Ezra W. Clark, contracted with the plaintiff for the lumber with which the improvement was made.
If the contract was made with Ezra, and he alone was to be paymaster, and Lucy M. Clark was merely passive, or simply failed to approve of or object to the purchase or improvement, it would probably be conceded the lien could not be established.
But the evidence satisfactorily establishes that said Lucy knew of and affirmatively consented to the improvement and expeeted to pay therefor. She knew the lumber had been…
2Cited by2 opinions
- Royal Lumber Co. v. HoelznerSupreme Court of Iowa · 1924
- Iowa Builders' Supply Co. v. PetersenSupreme Court of Iowa · 1936