Legal Opinion

Merritt v. Hopkins

Supreme Court of Iowa

Decided January 23, 1896PublishedCited by 6 opinions

Appeal from Buchanan District Court. — Hon. J. J. Hey, Judge. This case involves the right of subcontractors to mechanics’ liens upon a dwelling house which defendant Hopkins, as contractor, built for the defendants Ellen H. Ballou and F. B. Ballou. In addition to the plaintiffs there were several other subcontractors who claimed liens. These claimants are E. Kline, G. F. ■Grane, L. M. Stevens, I. R. Preble, M. V. Iliff, and J. C. Primus.

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Appeal from Buchanan District Court. — Hon. J. J. Hey, Judge. This case involves the right of subcontractors to mechanics’ liens upon a dwelling house which defendant Hopkins, as contractor, built for the defendants Ellen H. Ballou and F. B. Ballou. In addition to the plaintiffs there were several other subcontractors who claimed liens. These claimants are E. Kline, G. F. ■Grane, L. M. Stevens, I. R. Preble, M. V. Iliff, and J. C. Primus. All of the subcontractors commenced actions to establish their liens. These actions were consolidated and tried as one cause. It was determined by the court…

1Opinion of the CourtRothrock, C. J.

*6541 *653I. Ellen H. Ballou is the wife of F. B. Ballou, and is the owner of the lot upon which the dwelling house was erected. On the first day of August, 1893, a written contract was entered into between Hopkins and Ellen Ballou, by which Hopkins undertook to furnish the materials, and build and complete the house in four months. The contract price-*654for building the house was four thousand one hundred dollars, and payment was to be made as follows: “At the end of each month, ninety (90) per cent, of the value of the work actually done, to be estimated by the architect in charge of said building, and…

2Cases cited8 opinions

  1. Jones & Magee Lumber Co. v. MurphySupreme Court of Iowa · 1884
  2. Chicago Lumber Co. v. WoodsideSupreme Court of Iowa · 1887
  3. Bissell v. LewisSupreme Court of Iowa · 1881
  4. Lounsbury v. Iowa, Minnesota & North Pacific R. Co.Supreme Court of Iowa · 1878
  5. Gilchrist v. AndersonSupreme Court of Iowa · 1882

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3Cited by6 opinions

  1. Epeneter v. Montgomery CountySupreme Court of Iowa · 1896
  2. Simonson Bros. Manufacturing Co. v. Citizens State Bank of GoldfieldSupreme Court of Iowa · 1898
  3. Iowa Stone Co. v. CrissmanSupreme Court of Iowa · 1900
  4. Cedar Rapids Sash & Door Co. v. HeinbaughSupreme Court of Iowa · 1918
  5. Wheelock v. HullSupreme Court of Iowa · 1904

1 more not listed; retrieve them via the Exa API.

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