Herrell v. Donovan
Court of Appeals for the D.C. Circuit
Hearing on appeals from a decree adjusting the claims of lienors in a suit to enforce mechanics’ liens. The Court in its opinion stated the case as follows: These are several and separate appeals from a decree of the Supreme Court of the District of Columbia in a suit in equity instituted to enforce certain claims of mechanics’ liens.
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Hearing on appeals from a decree adjusting the claims of lienors in a suit to enforce mechanics’ liens. The Court in its opinion stated the case as follows: These are several and separate appeals from a decree of the Supreme Court of the District of Columbia in a suit in equity instituted to enforce certain claims of mechanics’ liens. Jeremiah E. Donovan, one of the appellees, being the owner of a certain lot of ground in the former town of Georgetown, in this District, entered into a contract, on February 28, 1894, with a builder, William A. Vaughn, one of the defendants in the court below —…
1Opinion of the CourtJustice Morris
1. We will consider first the appeal of John E. Herrell & Company.
The facts in regard to their connection with the work are these: Vaughn, the builder, had contracted with one R. E. Cozzens to do the brick work on Donovan’s houses and to supply the brick for the purpose. Cozzens was a bricklayer, but not a dealer in brick ; and he applied to Herrell & Company, who were dealers in brick, to furnish to him the necessary brick for the work. John F. O’Neill, the member of the firm of Herrell & Company with whom Cozzens had his negotiation, testified that his firm would not furnish any brick to…
2Cited by2 opinions
- Battista v. Horton, Myers & RaymondCourt of Appeals for the D.C. Circuit · 1942
- Saul Ritzenberg v. Noland Company, Inc.Court of Appeals for the D.C. Circuit · 1966