Baldwin Locomotive Works v. Edward Hines Lumber Co.
Indiana Supreme Court
From Lake Superior Court; A. D. Bartholomew, Special Judge. Action by the Edward Hines Lumber Company and others against the Baldwin Locomotive Works. From a judgment for the plaintiffs, the defendant appeals.
1Dissent
Dissenting Opinion.
Lairy, J.
The. principal opinion holds that a stipulation in a building contract between the owner of real estate and a contractor, whereby the latter agrees that no lien shall be filed or enforced against the property by himself as contractor, or by any subcontractor, laborer or materialman, is binding as against a person or corporation who furnishes material for the building, which is used in its construction, although the person furnishing such material had no notice of the stipulations'contained therein. To this proposition I cannot give my assent.
*195The right of a person…
2Cases cited22 opinions
- Winder v. CaldwellSupreme Court of the United States · 1853
- Colter v. FreseIndiana Supreme Court · 1873
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- John Spry Lumber Co. v. Sault Savings Bank Loan & Trust Co.Michigan Supreme Court · 1889
- Central Trust Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
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