Chicago Lumber Co. v. Tibbles Manufacturing Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. E. Conrad, Judge. The plaintiffs’ petition was in the usual form for the foreclosure of a mechanic’s lien, and shows that about the first of June, 1888, it sold to the defendant Tibbies Manufacturing Company lumber of the value'of $3,402.72, for the erection of certain factory buildings in Des Moines, and asking judgment, and the establishment of its lien.' The Tibbies Manufacturing Company answers, denying allegations of the…
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Appeal from Polk District Court. — Hon. W. E. Conrad, Judge. The plaintiffs’ petition was in the usual form for the foreclosure of a mechanic’s lien, and shows that about the first of June, 1888, it sold to the defendant Tibbies Manufacturing Company lumber of the value'of $3,402.72, for the erection of certain factory buildings in Des Moines, and asking judgment, and the establishment of its lien.' The Tibbies Manufacturing Company answers, denying allegations of the petition, and averring the purchase of the lumber to be from one Robert Fullerton, who was a member of the plaintiff firm, and…
1Opinion of the CourtGranger, J.
— The question we are required to determine is whether the lumber was purchased of the plaintiff company, or was received from Fullerton in payment for stock. Fullerton was, as a member of the plaintiff company, in charge of its business at Des Moines, and sold the lumber. About May 12, 1887, he subscribed for twenty shares of defendants’ stock, and defendants claim that it was then verbally agreed that it was to be paid for in lumber. At the time the stock subscription was made, Fullerton received the following writing:
“Chicago Lumber Company, Bes Moines, Iowa:
“The Tibbies Manufacturing…
2Cited by6 opinions
- Field v. Eastern Building & Loan Ass'nSupreme Court of Iowa · 1902
- Inman Manufacturing Co. v. American Cereal Co.Supreme Court of Iowa · 1907
- Evans v. McConnellSupreme Court of Iowa · 1895
- Wood v. AllenSupreme Court of Iowa · 1900
- Rouss v. CreglowSupreme Court of Iowa · 1897
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