Simpson v. J. W. Black Lumber Co.
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District ; Chas. D. Frierson, Chancellor; STATEMENT BY THE COURT. This suit was brought to enforce a lien for materials furnished the contractor for remodeling appellants’ home in the town of Corning, Arkansas. The lots belong to the wife, and the contract was made with one T. J. Evans, who was to furnish the materials and complete the work for a certain fixed price.
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Appeal from Clay Chancery Court, Western District ; Chas. D. Frierson, Chancellor; STATEMENT BY THE COURT. This suit was brought to enforce a lien for materials furnished the contractor for remodeling appellants’ home in the town of Corning, Arkansas. The lots belong to the wife, and the contract was made with one T. J. Evans, who was to furnish the materials and complete the work for a certain fixed price. He purchased the lumber from appellee company to be used in the building. His health was poor, and on the 26th of August, 1912, he abandoned the work and went away to Hot Springs, telling…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) The court erred in not sustaining the demurrer to the complaint because of the defect of parties. The suit was brought by the materialman, with whom the owners had made no contract and from whom they had purchased no materials, against them to fix a lien against their property for the amount claimed to be due for materials furnished the contractor, of which they knew nothing, that were alleged to have been used in the construction of the improvement. Section 4978, Kirby’s Digest, provides that when a, lien is filed under the provisions of the law by a…
2Cases cited5 opinions
- Anderson v. SeamansSupreme Court of Arkansas · 1887
- Augir v. WarderWest Virginia Supreme Court · 1911
- Clayton v. Farrar Lumber Co.Supreme Court of Georgia · 1903
- McFadden v. StarkSupreme Court of Arkansas · 1893
- Wm. James Sons Co. v. FarleyWest Virginia Supreme Court · 1912
3Cited by18 opinions
- Burks v. SimsSupreme Court of Arkansas · 1959
- Plant v. Cameron Feed MillsSupreme Court of Arkansas · 1958
- Robinson v. City of Pine BluffSupreme Court of Arkansas · 1955
- People's Building & Loan Ass'n v. Leslie Lumber Co.Supreme Court of Arkansas · 1931
- Cruce v. MitchellSupreme Court of Arkansas · 1916
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