Mitchell v. Schulte
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; The letter of Miss Schulte obligated her to pay the full amount of the lumber bill for which the lien was filed. She knew that Foster owed the amount, and that a lien was filed against her property, and that there was a dispute between Foster and Boyer as to a certain payment.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; The letter of Miss Schulte obligated her to pay the full amount of the lumber bill for which the lien was filed. She knew that Foster owed the amount, and that a lien was filed against her property, and that there was a dispute between Foster and Boyer as to a certain payment. With complete knowledge of these facts she voluntarily agrees to pay the lumber bill in consideration of the withholding the bringing of a suit to enforce the lien for a definite period of time. 31 Ark. 222; 106 Id. 1; 110 Id. 225.…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit in the Chancery Court of Sebastian County, Fort Smith District, against appellee, the owner of a lot in Fort Smith, and Foster and Paget, contractors, to recover a balance of $268.26 and to enforce a material man’s lien against the lot, on account of material alleged to have been sold to, and used by, the contractors in the construction of a dwelling thereon.
The material averments in the complaint were that appellant owned the lot; that appellant’s predecessor in business, H. B. Boyer, sold Foster and Paget, contractors, the material for the construction of a…
2Cases cited3 opinions
- Matthews v. MorrisSupreme Court of Arkansas · 1876
- Lay v. BrownSupreme Court of Arkansas · 1912
- Brinkley Car Works & Manufacturing Co. v. CookSupreme Court of Arkansas · 1913
3Cited by6 opinions
- Darling v. BuddySupreme Court of Missouri · 1927
- Ferguson Lumber Co. v. ScriberSupreme Court of Arkansas · 1924
- Brown v. Brown & Co.Court of Appeals of Tennessee · 1941
- Wiggins v. SEARCY FEDERAL SAVINGS & LOAN ASS'NSupreme Court of Arkansas · 1972
- Henderson v. WatsonCourt of Appeals of Tennessee · 1942
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