Legal Opinion

Godfrey Lumber Co. v. Cole

Michigan Supreme Court

Decided February 15, 1908No. Docket No. 39PublishedCited by 2 opinions

Appeal from Kalamazoo; Adams, J. Bill by the Godfrey Lumber Company against Philip A. Cole and others to enforce a mechanics’ lien. From a decree for complainant for less than the amount claimed, it appeals.

1Opinion of the CourtCarpenter, J.

As subcontractor, complainant furnished material to the amount of $1,778.66 used in the construction of three houses for defendant Cole. Of this amount it was paid $800. It brings this suit in equity to enforce a mechanics’ lien for the balance of its claim, amounting to $978.66. The contract price of the houses was $3,500. They actually cost $4,478.66. (Included in this is $675 damages for defects and delay in construction.) Before the suit was instituted the owner had paid $2,825 (this together with the $675 damages amounts to $3,500, the full contract price), all of which had been used for…

2Cases cited5 opinions

  1. Smalley v. GearingMichigan Supreme Court · 1899
  2. Fairbairn v. MoodyMichigan Supreme Court · 1898
  3. Delray Lumber Co. v. KeohaneMichigan Supreme Court · 1902
  4. J. E. Greilick Co. v. RogersMichigan Supreme Court · 1906
  5. Kotcher v. PerrinMichigan Supreme Court · 1907

3Cited by2 opinions

  1. Frohlich v. AshtonMichigan Supreme Court · 1910
  2. Frohlich v. AshtonMichigan Supreme Court · 1909

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