Des Moines Steel Co. v. Hawkeye Amusement Co.
Supreme Court of Iowa
Appeal from Polle District Court. — Joseph E. Meyer, Judge. - Plaintiff brought this action in equity-to recover from both defendants for a fire escape, the material and labor for the construction of which it furnished. Plaintiff also asked that the amount due be declared a lien, and that the court adjudicate and determine which of defendants, or whether all, are indebted to plaintiff, and the amount.
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Appeal from Polle District Court. — Joseph E. Meyer, Judge. - Plaintiff brought this action in equity-to recover from both defendants for a fire escape, the material and labor for the construction of which it furnished. Plaintiff also asked that the amount due be declared a lien, and that the court adjudicate and determine which of defendants, or whether all, are indebted to plaintiff, and the amount. The trial court found that the Unity Investment Company, appellant, the -owner ‘of the building, was liable, and rendered judgment and decree against it alone. The plaintiff has also appealed,…
1Opinion of the CourtPreston, J.
1. The only dispute in the case is as to which defendant should pay for the outside iron work for the additional fire escape on the west side of the owner’s building. There is little, if any, dispute in the testimony. Neither the lessor nor the lessee ordered the fire escape *941built. It was ordered by the architects, and it seems to be conceded that the architects represented both, in the remodeling of the premises for the theater and the lessor’s premises on the west of the theater. The architects did not undertake to determine which should pay for the fire escape. Neither the lessor nor the…
2Cited by1 opinion
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