Nordyke & Marmon Co. v. Hawkeye Woolen-Mills Co.
Supreme Court of Iowa
Appeal from, Des Movnes Gvreuit Gov/rt. The plaintiff filed its petition against Stadtlander, Derby & Bowers and the Hawkeye Woolen Mills Co., averring that in June, 1877, it made a verbal contract with the first named defendant to furnish fixtures and machinery for a mill situated on certain real estate of which said defendants were lessees, and said machinery and fixtures were used hy them in fitting np and operating a mill on said real estate; that the machinery and…
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Appeal from, Des Movnes Gvreuit Gov/rt. The plaintiff filed its petition against Stadtlander, Derby & Bowers and the Hawkeye Woolen Mills Co., averring that in June, 1877, it made a verbal contract with the first named defendant to furnish fixtures and machinery for a mill situated on certain real estate of which said defendants were lessees, and said machinery and fixtures were used hy them in fitting np and operating a mill on said real estate; that the machinery and fixtures so furnished- were of the value of $1,988.30, and that at the commencement of the suit there was due thereon the sum…
1Opinion of the CourtEothrook, J.
1. mechantoe^fioas*-" crty. prop It appears from the evidence that the Hawk-eve Woolen Mills Co. is the owner in fee of the land upon which the mill is situated. Stadtlander, Derby & Bowers leased the mill by a verbal lease for five years. The building had originally been used as a woolen mill. All of the machinery had been taken out when the verbal lease was made, excepting the steam engine and boiler. The plaintiffs furnished the necessary machinery for a flour and feed mill, and it was put in the mill by Stadtlander, Derby & Bowers, and operated by the engine which was in the building at…
2Cases cited1 opinion
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
3Cited by4 opinions
- Benjamin v. WilsonSupreme Court of Minnesota · 1886
- National Lumber Co. v. BowmanSupreme Court of Iowa · 1889
- Ottumwa Iron Works v. MuirMissouri Court of Appeals · 1907
- Randall v. Le Bron Electrical Works, Inc.Court of Appeals for the Eighth Circuit · 1924