Vaughn v. Smith
Supreme Court of Iowa
Appeal from Union District Court. The plaintiff claims to recover for work and labor done in tbe construction of tbe Leon, Mt. Ayr & Southwestern Eailroad. Tbe defendants, C. Ii. Smith & Co., were tbe contractors. They sublet a portion of the work to McPherson & Neely, who sublet to the plaintiff. McPherson & Neely are indebted to the plaintiff for the work so done.
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Appeal from Union District Court. The plaintiff claims to recover for work and labor done in tbe construction of tbe Leon, Mt. Ayr & Southwestern Eailroad. Tbe defendants, C. Ii. Smith & Co., were tbe contractors. They sublet a portion of the work to McPherson & Neely, who sublet to the plaintiff. McPherson & Neely are indebted to the plaintiff for the work so done. The plaintiff in this action seeks to recover of Smith & Co., on the following grounds stated in an amended petition: That plaintiff was insisting that defendants, Smith & Co. and McPherson & Neely, should pay his claim for labor,…
1Opinion of the CourtSeevers, J.
It will be observed that the plaintiff did not allege in his petition that, in consideration of the promise of Smith & Co., he had lost his lien, or that he had released McPherson & Neely. Nor was there any evidence tending to show that he did so. On the contrary, the evidence tended to show that he filed his lien on the twenty-fourth day of October, 1879, and that he finished his contract in the month of September, and the court instructed the jury that the plaintiff had until the thirtieth of October to file his lien. There was evidence tending to establish the promise alleged in the…
2Cases cited5 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Jordan v. KavanaughSupreme Court of Iowa · 1884
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Nelson v. BoyntonMassachusetts Supreme Judicial Court · 1841
3Cited by5 opinions
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
- Greene v. LatchamColorado Court of Appeals · 1892
- Griffin v. HoagSupreme Court of Iowa · 1898
- Ivenson v. CaldwellWyoming Supreme Court · 1891
- Greene v. LatchamColorado Court of Appeals · 1892