Legal Opinion

Atlantic Terra Cotta Co. v. Moore Construction Co.

West Virginia Supreme Court

Decided January 13, 1914PublishedCited by 8 opinions

Appeal from Circuit Court, Kanawha County. Suit by the Atlantic Terra Cotta Company against the Moore Construction Company and others. From a decree for defendants, plaintiff appeals.

1Opinion of the Court

Miller, Judge:

The decree appealed from dismissed on demurrer plaintiff's original and amended bills, which sought foreclosure of its alleged mechanic’s or material-man’s lien for terra cotta furnished the Moore Construction Co., principal contractor, in the construction of an office building for and under a contract with Alderson and Stephenson, owners, situated in the City of Charleston.

The alleged lien, a copy of which is exhibited with the original bill, and vouched for the truth of the allegations thereof, purports a contract by plaintiff with the Moore Construction Co., principal…

2Cases cited35 opinions

  1. Walters v. Farmers BankSupreme Court of Virginia · 1881
  2. United States Blowpipe Co. v. SpencerWest Virginia Supreme Court · 1895
  3. Cushwa v. Improvement L. & B. Ass'nWest Virginia Supreme Court · 1898
  4. Union Trust Co. v. CasserlyMichigan Supreme Court · 1901
  5. Howes v. Reliance Wire-Works Co.Supreme Court of Minnesota · 1891

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3Cited by8 opinions

  1. Perkins v. HallWest Virginia Supreme Court · 1941
  2. Caswell v. CaswellWest Virginia Supreme Court · 1919
  3. Black v. MaxwellWest Virginia Supreme Court · 1948
  4. W. Bateson & Co. v. Baldwin Forging & Tool Co.West Virginia Supreme Court · 1915
  5. Webber v. OffhausWest Virginia Supreme Court · 1950

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