Logan v. Attix
Supreme Court of Iowa
Appeal from the Dubuque District Court. This suit was commenced April 21th, 1857, aud plaintiffs seek to recover for work and labor performed, and materials furnished, in and about the erection of a certain house, and pray a mechanic’s lien.
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Appeal from the Dubuque District Court. This suit was commenced April 21th, 1857, aud plaintiffs seek to recover for work and labor performed, and materials furnished, in and about the erection of a certain house, and pray a mechanic’s lien. When the work was done, and materials furnished, is not shown, but plaintiffs aver, that in pursuance of the contract under which they were furnished, and in consideration thereof, defendant, on the 20th of January, 1857, made his three promissory notes, due aud payable as follows : One on demand; one in sixty days; and one in ninety days from said date.…
1Opinion of the CourtWright, C. J.
The errors assigned relate alone to so much of the plaintiffs’ case, as asks a mechanic’s lien, and the action of the district court establishing the same.
The petition of plaintiffs did not entitle them to a mechanic’s lien, and it was error to establish it as prayed. We shall refer to but one defect, substantial, as we think, in its character. No contract is set forth, sufficiently showing the foundation of the plaintiffs’ right to a lien. It is stated .that a contract was made, but when — what were its *79terms — what work was done — what work was to be done— or what materials furnished — is…
2Cases cited1 opinion
- Redman v. WilliamsonSupreme Court of Iowa · 1856
3Cited by1 opinion
- Gilcrest v. GottschalkSupreme Court of Iowa · 1874