Kilbourne, Jenkins & Co. v. Jennings & Co.
Supreme Court of Iowa
Appeal from Pottawattamie Circuit Cowrt. 'The plaintiffs commenced tbis action to recover of the defendants, Jennings & Co., sometimes called Jennings & Boydston, and composed of J. M. Jennings and I). R. Boydston, the sum of $653.21, and interest, on account of lumber furnished them, and to establish and foreclose a lien therefor, as against the defendant Metcalf, upon lot 7, in block 1, in Bayliss’ 2d Addition to Council Bluffs, and the dwelling thereon, in the erection of…
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Appeal from Pottawattamie Circuit Cowrt. 'The plaintiffs commenced tbis action to recover of the defendants, Jennings & Co., sometimes called Jennings & Boydston, and composed of J. M. Jennings and I). R. Boydston, the sum of $653.21, and interest, on account of lumber furnished them, and to establish and foreclose a lien therefor, as against the defendant Metcalf, upon lot 7, in block 1, in Bayliss’ 2d Addition to Council Bluffs, and the dwelling thereon, in the erection of which the said lumber was used. The defendant, Metcalf, answered and filed a cross-petition claiming damages of…
1Opinion of the Court
Day, J.'
— I. We do not deem it necessary to discuss and determine, seriatim, tbe numerous errors assigned and relied on by appellant. The principal question in the case grows out the following facts, respecting some of which there is no conflict in the evidence, and others of which are determined by the special findings of the jury, to-wit:
In the month of May, 1869, Jennings & Co. entered into á written contract with the defendant, Metcalf, for the erection of a dwelling house, fence and privy, and the digging of a well upon lot seven, in block one, in Bayliss’ 2d Addition to Council Bluffs.…
2Cited by9 opinions
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- Clemons v. StateSupreme Court of Alabama · 1910
- Epeneter v. Montgomery CountySupreme Court of Iowa · 1896
- Iowa Stone Co. v. CrissmanSupreme Court of Iowa · 1900
- Blanding v. Davenport, Iowa & Dakota RailroadSupreme Court of Iowa · 1893
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