Thompsonn v. Spencer
Supreme Court of Iowa
Appeal from Buchanan District Court. — Hon. J.' L. Husted, Judge. The other defendants are H. T. Lynch, O. M. Shillinglaw, and C. G. Trask.
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Appeal from Buchanan District Court. — Hon. J.' L. Husted, Judge. The other defendants are H. T. Lynch, O. M. Shillinglaw, and C. G. Trask. The material facts, conceded or established, are that the defendant Lynch, in November, 1892, made a written contract with his codefendant Spencer to build for him two houses, for which Lynch was to pay one thousand five hundred and twenty-five dollars; that Spencer subcontracted with plaintiff to furnish the lumber and materials for the buildings; that for lumber and materials so furnished there remains, as found by the court, an unpaid balance of four…
1Opinion of the CourtGranger, J.
1 *2692 *266A restatement of a few faets will bring better to mind the controverted question. The plaintiff, as subcontractor, filed their statement for a lien,and gave notice two days after the expiration of the thirty days prescribed in the statute. No payments had been made to Lynch by Spencer, or on his account, after the expiration of the thirty days. It is claimed as a fact that, because the payments were made while plaintiff was entitled to a lien, under the thirty days’ limitation, no prejudice resulted from the delay. The precise question seems to be this: Where an owner pays to a principal…
2Cases cited3 opinions
- Chicago Lumber Co. v. WoodsideSupreme Court of Iowa · 1887
- Walker v. QuealSupreme Court of Iowa · 1894
- Carney Bros. v. CookSupreme Court of Iowa · 1890
3Cited by5 opinions
- Lindsay & Phelps Co. v. ZoecklerSupreme Court of Iowa · 1905
- Steele v. McBurneySupreme Court of Iowa · 1895
- Edward Edinger Co. v. Hildreth Memorial United Evangelical ChurchSupreme Court of Iowa · 1925
- Empire Portland Cement Co. v. Payne, Bradshaw, McMahon & Co.Supreme Court of Iowa · 1905
- Price v. CarlSupreme Court of Iowa · 1917