Smalley v. Gearing
Michigan Supreme Court
Cross-appeals from Wayne; Donovan, J. Bill by William Smalley and others against Joseph L. Gearing and others to enforce a mechanic’s lien. From the decree rendered, all of the parties except defendant Gearing appeal.
1Opinion of the CourtLong, J.
Traugott Schmidt, now deceased, in April, 1895, was the owner of a certain lot in the city of Detroit. On April 9 th of that year, he entered into a written contract with Joseph L. Gearing for the construction of a building thereon, for the sum of $52,812.08. Afterwards, Schmidt, with the consent of Gearing, let the contract for the plastering for $6,850; thus leaving the contract to stand at $45,962.08. Gearing went on with the work under the contract, paying most of the labor bills, and in great part for the materials, when, on October 12, 1895, he failed, leaving the building uncompleted.…
2Cases cited7 opinions
- Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885
- John Spry Lumber Co. v. Sault Savings Bank Loan & Trust Co.Michigan Supreme Court · 1889
- Warren v. SohnIndiana Supreme Court · 1887
- Wentworth v. TubbsSupreme Court of Minnesota · 1893
- Reynolds v. BlackSupreme Court of Iowa · 1894
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3Cited by43 opinions
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- Fossett v. Rock Island Lumber & Manufacturing Co.Supreme Court of Kansas · 1907
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
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