Lindsay & Phelps Co. v. Zoeckler
Supreme Court of Iowa
Appeal from Scolt District Court. — ■ Hon. Jambs W. Bollinger, Judge. Suit in equity to foreclose a mechanic’s lien. The •defendant Bruno Zoeckler entered into a written contract with one F. C. Nhare, by the terms of which Nhare agreed to erect a dwelling house for him for the sum of $1,850, $1,200 of which -was to be paid as the building progressed, and the balance, $650, when the building was completed.
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Appeal from Scolt District Court. — ■ Hon. Jambs W. Bollinger, Judge. Suit in equity to foreclose a mechanic’s lien. The •defendant Bruno Zoeckler entered into a written contract with one F. C. Nhare, by the terms of which Nhare agreed to erect a dwelling house for him for the sum of $1,850, $1,200 of which -was to be paid as the building progressed, and the balance, $650, when the building was completed. The intermediate payments were made as agreed, but the building was never completed. The plaintiffs are subcontractors whose claim was not filed until after the ■expiration of the thirty…
1Opinion of the CourtSherwin, C. J.
i. mechanics’ liens: priority contractors. We think the judgment is right, and it certainly is if it be true that the plaintiff’s lien is entitled to priority to the lien of the defendant J. A. Warner, Section 3092 of the Code provides that a fail- ....... ure to me the statement within the time specified therein, shall not defeat the lien, except against purchasers or incumbrancers in good faith, without notice, whose right accrued after the time specified and before any claim for the lien was filed. Section 3094 permits a subcontractor to file his claim for a lien after the expiration of…
2Cases cited3 opinions
- Hug v. HintragerSupreme Court of Iowa · 1890
- Thompsonn v. SpencerSupreme Court of Iowa · 1895
- Robertson v. BarrackSupreme Court of Iowa · 1890
3Cited by4 opinions
- Hunt Hardware Co. v. HerzoffSupreme Court of Iowa · 1923
- Garrison Grain & Lumber Co. v. Farmers Mercantile Co.Supreme Court of Iowa · 1917
- Empire Portland Cement Co. v. Payne, Bradshaw, McMahon & Co.Supreme Court of Iowa · 1905
- Diecke v. Lumber Supply, Inc.Supreme Court of Iowa · 1967