Speer Hardware Co. v. Bruce
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; Fort Smith District; J. V. Bourlcmd, Chancellor; STATEMENT BY THE COURT. This action was brought by Bruce Brothers to recover ninety dollars and interest, the contract price for installing a water service in a certain building in the city of Fort Smith, at the time the property of B. C. Bates, now owned by appellant and to have a mechanics’ lien against the property foreclosed.
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Appeal from Sebastian Chancery Court; Fort Smith District; J. V. Bourlcmd, Chancellor; STATEMENT BY THE COURT. This action was brought by Bruce Brothers to recover ninety dollars and interest, the contract price for installing a water service in a certain building in the city of Fort Smith, at the time the property of B. C. Bates, now owned by appellant and to have a mechanics’ lien against the property foreclosed. The complaint alleges that Bates was the owner of a certain tract of land in the city of Fort Smith, describing it, upon which was situated a corrugated iron building; that…
1Opinion of the Court
•Kirby, J.,
(after stating the facts). The question for determination is whether appellees are entitled to a lien on the premises for the contract price of the work done, some of the materials not being placed upon the property, or only for the value of the pipe and fixtures actually put upon the premises. The statute provides: (sections 4970-1-2, Kirby’s Digest):
“Sec. 4970. Every mechanic, builder, or other person who shall do or perforin any work upon or furnish any material * * * for any building, erection, improvement upon land * * * under and by virtue of any contract with the owner or…
2Cases cited7 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
- Beatty v. ParkerMassachusetts Supreme Judicial Court · 1886
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- J. R. Christ Construction Co. v. Willete AssociatesSupreme Court of New Jersey · 1966
- Bradwood Realty, Inc. v. Transit Paving, Inc.New York Supreme Court · 1964
- Continental Supply Co. v. Geo. H. Greenan Co.Supreme Court of Oklahoma · 1928
- Cabot Industrial Development Corp. v. Shearman Concrete Pipe Co.Supreme Court of Arkansas · 1965
- Bobo v. SebreeSupreme Court of Arkansas · 1968