Winter v. Hazen-Latimer Co.
District of Columbia Court of Appeals
Hearing on an appeal by tbe defendants from a decree of tbe Supreme Court of the District of Columbia overruling tbeii demurrer to a bill filed for the establishment of a lien for materials furnished and labor performed in the construction of a building by them.
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Hearing on an appeal by tbe defendants from a decree of tbe Supreme Court of the District of Columbia overruling tbeii demurrer to a bill filed for the establishment of a lien for materials furnished and labor performed in the construction of a building by them. The Court in the opinion stated the facts as follows':' This is an appeal by Mahlon A. Winter, George W. Faris, and the Fidelity & Deposit Company of Maryland, defendants, from a decree of the supreme court of the District of Columbia entered upon a demurrer to a bill in equity. The bill was filed by the appellee corporation,…
1Opinion of the Court
Mr. Justice Van Ojrsdf/l
delivered the opinion of the Court:
The conditions under which liens of this sort may be established are stated in sec. 1240, D. C. Code [31 Stat. at L. 1384, chap. 854], which provides: “All such liens in favor of parties so employed by the contractor shall be subject to the terms and conditions of the original contract, except such as shall relate to the waiver of liens, and shall be limited to the amount to become due to the original contractor and be satisfied, in whole or in part, out of said amount only; and if said original contractor, by reason of any breach of…
2Cases cited5 opinions
- Larkin v. . McMullinNew York Court of Appeals · 1890
- St. Peter's Catholic Church v. VannoteNew Jersey Court of Chancery · 1904
- Weisman v. City of BuffaloNew York Supreme Court · 1890
- Smith v. LangeAppellate Division of the Supreme Court of the State of New York · 1903
- John W. Masury & Son v. Westwater & Co.Appellate Court of Illinois · 1901
3Cited by3 opinions
- National Brick & Supply Co. v. BaylorCourt of Appeals for the D.C. Circuit · 1962
- National Brick & Supply Company, Inc., a Corporation v. William E. Baylor, Trustees of Mount Joy Baptist Church, Abraham Grunstein, Abraham Fix, and Louis Nadelman, Partners, T/a Columbia Building Products Company v. William E. Baylor, Trustees of Mount Joy Baptist ChurchCourt of Appeals for the D.C. Circuit · 1962
- Moore v. AxelrodDistrict of Columbia Court of Appeals · 1982