Terrell v. McHenry
Court of Appeals of Kentucky
Case 56. — ACTION BY JOHN McHENRY AND ANOTHER AGAINST ED. C. TERRELL, TO ENFORCE A MECHANIC’S’. LIEN. Appeal from McCracken Circuit Court. W. M. Reed, Circuit Judge, Judgment for plaintiff. Defendant appeals. On the facts proven -we think it clear that the judgment is erroneous, and 'should be reversed.
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Case 56. — ACTION BY JOHN McHENRY AND ANOTHER AGAINST ED. C. TERRELL, TO ENFORCE A MECHANIC’S’. LIEN. Appeal from McCracken Circuit Court. W. M. Reed, Circuit Judge, Judgment for plaintiff. Defendant appeals. On the facts proven -we think it clear that the judgment is erroneous, and 'should be reversed. Appellee is not entitled to full pay for this roofing, or for putting it on, or for freight, because the condition upon which it was to be paid for has never been complied with; or, in other word's, the condition precedent to payment has not been performed. Or if the court would put it the…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
Ed C. Terrell was putting up a livery stable in Paducah. John McHenry was agent for a paper roofing manufactured by a concern in Chicago, known as “Climax Roofing,” composed of felt, asphalt, and sand. By an arrangement between Terrell and McHenry the stable was covered with this roofing. Terrell declined to pay for the roof, and thereupon *454McHenry, who had made the contract with Terrell, and C. J. Miller, who liad pnt the roof on under a contract made by him with McHenry, filed mechanics’’ liens against the property and brought this suit to-enforce…
2Cited by6 opinions
- Parsons Construction Co. v. GiffordNebraska Supreme Court · 1935
- Doll v. YoungCourt of Appeals of Kentucky · 1912
- Holloman v. BrittonSupreme Court of Oklahoma · 1959
- Monyahan v. City of LancasterCourt of Appeals of Kentucky · 1916
- United States Fidelity & Guaranty Co. v. CahillCourt of Appeals of Kentucky (pre-1976) · 1936
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