Eureka Stone Co. v. First Christian Church
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; /. V. Bourland, Chancellor; statement by the court. This was a suit by the Eureka Stone Company against the First Christian Church of Fort Smith, Arkansas, to fix a lien upon the property of the church for materials furnished the corn-tractor, E. D. Heilman, and used by him in the construction of the church building under the contract between him and the trustees of the church, made on the 4th day of March, 1903. August Reichert,…
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Appeal from Sebastian Chancery Court; /. V. Bourland, Chancellor; statement by the court. This was a suit by the Eureka Stone Company against the First Christian Church of Fort Smith, Arkansas, to fix a lien upon the property of the church for materials furnished the corn-tractor, E. D. Heilman, and used by him in the construction of the church building under the contract between him and the trustees of the church, made on the 4th day of March, 1903. August Reichert, Mechanics’ Planing Mill, Atlcinson-Williams Hardware Company and Will Schulte, who claim to have furnished to said contractor…
1Opinion of the Court
Hart, J.,
(after stating the facts.) For the reason here given and the additional reason hereafter given, the chancellor was correct in holding that the Eureka Stone Company was not entitled to assert a lien upon t'he building. It was the surety upon the bond of the principal contractor conditioned for the performance of the contract and the delivery of t'he building free from liens. “One who is a surety for the contractor can not claim a lien for material furnished by him at the request of the contractor. That would enable a man to exact payment for what he had promised should be paid for by…
2Cases cited5 opinions
- Fordyce v. Woman's Christian National Library Ass'nSupreme Court of Arkansas · 1906
- Thomas Manufacturing Co. v. PratherSupreme Court of Arkansas · 1898
- Grissom v. HillSupreme Court of Arkansas · 1856
- Biscoe v. ThweattSupreme Court of Arkansas · 1905
- McDonald v. ShawSupreme Court of Arkansas · 1906
3Cited by13 opinions
- Kirby v. KirbySupreme Court of Arkansas · 1934
- Southwestern Portland Cement Co. v. WilliamsNew Mexico Supreme Court · 1926
- Mansfield Lumber Co. v. National Surety Co.Supreme Court of Arkansas · 1928
- Lamson v. Maryland Casualty Co.Supreme Court of Iowa · 1923
- Sun Indemnity Co. of New York v. American University, WashingtonCourt of Appeals for the D.C. Circuit · 1928
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