Cook v. Moore
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; STATEMENT OE EACTS. John A. Moore filed a suit in the chancery court to enforce a mechanics’ lien as principal contractor in the sum of $1,330.75 on a house and certain lots in the city of Forrest City, Ark., belonging to J. M. Gilliam.
Read the full summary
Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; STATEMENT OE EACTS. John A. Moore filed a suit in the chancery court to enforce a mechanics’ lien as principal contractor in the sum of $1,330.75 on a house and certain lots in the city of Forrest City, Ark., belonging to J. M. Gilliam. The Van Houten Lumber Company also filed a suit in the chancery court to assert a lien on said house and lots in the sum of $204.87 for material furnished and used in remodeling said house. Mrs. V. T. Cook filed a separate suit in the chancery court against J. M. Gilliam to foreclose a…
1Opinion of the CourtHart, J.
(after stating the facts). The chancery court erred in holding that John A. Moore had a mechanics’ lien for $1,330.75. According to Ms own testimony, he made a contract to repair 'Gilliam’s house on a basis of eight per cent, commission on the entire cost- of the labor performed and materials furnished. So far as the record discloses, nearly all of the amount claimed by Moore represents the profits made by him in repairing the house and the amounts paid by him to laborers and mechanics for working on it.
Therefore, he had. no lien under the statute. The court had the precise question before it…
2Cases cited3 opinions
- Little Rock, Hot Springs & Texas Railway Co. v. SpencerSupreme Court of Arkansas · 1898
- Hill v. ImbodenSupreme Court of Arkansas · 1920
- Royal Theater Co. v. CollinsSupreme Court of Arkansas · 1912
3Cited by8 opinions
- Shaw v. Rackensack Apartment Corp.Supreme Court of Arkansas · 1927
- Howard v. FisherSupreme Court of Colorado · 1929
- Mark's Sheet Metal, Inc. v. Republic Mortgage Co.Supreme Court of Arkansas · 1967
- Withrow v. WrightSupreme Court of Arkansas · 1949
- Hickman v. Kralicek Realty & Construction Co.Court of Appeals of Arkansas · 2003
3 more not listed; retrieve them via the Exa API.