J. E. Greilick Co. v. Taylor
Michigan Supreme Court
Appeal from Grand Traverse; Mayne, J. Bill by the J. E. Greilick Company against Maud Taylor and David Smith to enforce a mechanics’ lien. Front a decree for complainant, defendant Taylor appeals. Complainant is a dealer in building materials. Defendant Smith is a building contractor.
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Appeal from Grand Traverse; Mayne, J. Bill by the J. E. Greilick Company against Maud Taylor and David Smith to enforce a mechanics’ lien. Front a decree for complainant, defendant Taylor appeals. Complainant is a dealer in building materials. Defendant Smith is a building contractor. Smith made a written contract with defendant Taylor’s husband to erect a dwelling “on the south side of Fifth street, Traverse City, Mich.,” for #1,680. In fact the house was erected on lots 12 and 13, of block 4 of Hannah, Lay & Company’s Sixth addition, Traverse City, owned in fee by Mrs. Taylor. Mr. Smith was…
1Opinion of the CourtGrant, J.
(after stating the facts). In the sworn statement of lien, filed with the register of deeds, the amount due was stated at $550, which sum it was averred remained due and unpaid over and above all legal set-offs. Afterwards, in the petition to enforce the lien, it was admitted that the sum should have been only $434.04. Mr. Greilick in his direct examination gave evidence tending to show the total amount furnished for the Taylor job to be $934.04. When asked by his counsel how much he had received and applied on this account, he said “$500,” leaving unpaid $434.04. He made no explanation of…
2Cases cited3 opinions
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Gibbs v. HanchetteMichigan Supreme Court · 1892
- Brennan v. MillerMichigan Supreme Court · 1893
3Cited by7 opinions
- Northern Pacific Railway Co. v. Thornton Bros. Co.Supreme Court of Minnesota · 1939
- Georgia-Pacific Corp. v. Central Park North Co.Michigan Supreme Court · 1975
- Knowlton v. GibbonsMichigan Supreme Court · 1920
- Bezold v. Beach Development Co.Michigan Supreme Court · 1932
- Halpin v. GarmanMichigan Supreme Court · 1916
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