Legal Opinion

Gato v. Warrington

Supreme Court of Florida

Decided January 15, 1896PublishedCited by 24 opinions

Appeal from, the Circuit Court for Duval county. STATEMENT. Suit by appellant against 'appellees on bond. On the 25th of October, A. D. 1890, appellant and McClatchy entered into an agreement whereby the latter covenanted and agreed, for the consideration thereinafter expressed, to erect, finish and deliver, on or before the first day of January, 1891, in true thorough artisan, perfect and substantial manner, certain build-lugs according to plans and specifications attached…

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Appeal from, the Circuit Court for Duval county. STATEMENT. Suit by appellant against 'appellees on bond. On the 25th of October, A. D. 1890, appellant and McClatchy entered into an agreement whereby the latter covenanted and agreed, for the consideration thereinafter expressed, to erect, finish and deliver, on or before the first day of January, 1891, in true thorough artisan, perfect and substantial manner, certain build-lugs according to plans and specifications attached and made part of the agreement. Appellant on his part agreed, in consideration of the ■covenants and agreements being…

1Opinion of the Court

Mabry, C. J.:

The accompanying statement shows the status of the case as finally disposed of in the Circuit Court, and the argument of the case here is confined to the question whether or not the statutes in force at the time gave a lien on buildings in favor of materialmen. The act of 1887, Chapter 3747, was the one in force when the contract in question was made, and the buildings therein provided for were erected; and while there can be no question as to the lien in favor of mechanics, laborers and other persons performing labor upon, or in the construction of any building, it is insisted…

2Cases cited4 opinions

  1. Truckee Lodge v. WoodNevada Supreme Court · 1879
  2. Solary v. WebsterSupreme Court of Florida · 1895
  3. Carson Opera House Ass'n v. MillerNevada Supreme Court · 1881
  4. State ex rel. Gore v. MontagueSupreme Court of Florida · 1894

3Cited by24 opinions

  1. American Home Assur. Co. v. Larkin Gen. Hosp., Ltd.Supreme Court of Florida · 1992
  2. DADELAND DEPOT. v. St. Paul Fire and MarineSupreme Court of Florida · 2006
  3. W. P. Fuller & Co. v. Alturas School DistrictCalifornia Court of Appeal · 1915
  4. Callan v. Empire State Surety Co.California Court of Appeal · 1912
  5. Standard Accident Insurance v. BearSupreme Court of Florida · 1938

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