Wm. James Sons Co. v. Farley
West Virginia Supreme Court
Appeal from Circuit Court, Summers County. Consolidated actions by the William James Sons Company, by the Lilly Lumber Company, and by the Hinton Foundry, Machine & Plumbing Company against Charles Farley and others to enforce a mechanic’s lien. Judgment for plaintiffs, and defendant Farley appeals.
1Opinion of the Court
POEEENBARGER, JUDGE :
In these three consolidated causes, having for their purpose the enforcement of mechanics liens for materials furnished and labor performed at the instances of a principal contractor, the decree must be reversed for failure to make the principal contractor a party. Augir v. Warder, 68 W. Va. 752.
Each of the three bills discloses on its face the relation of the parties and the omission stated. Farley was the owner of the property on which the house in which the materials were used and upon which labor was bestowed was built, and Caldwell had the contract for building it.…
2Cases cited3 opinions
- Hays v. HeatherlyWest Virginia Supreme Court · 1892
- Cook v. DorseyWest Virginia Supreme Court · 1893
- Augir v. WarderWest Virginia Supreme Court · 1911
3Cited by2 opinions
- Simpson v. J. W. Black Lumber Co.Supreme Court of Arkansas · 1914
- Anderson v. AndersonWest Virginia Supreme Court · 1916