Empire Portland Cement Co. v. Payne, Bradshaw, McMahon & Co.
Supreme Court of Iowa
Appeal from Monroe District Court.— Hon. O. W. Vermillion, Judge. Suit in equity to foreclose a mechanic’s lien. There was a trial, and a judgment for the’ railway company. The plaintiff appeals.—
1Opinion of the CourtSherwin, C. J.
The Iowa Central Railway Company contracted with Payne, Bradshaw, McMahon & Co. for the construction of a bridge on its line of road, and the- plaintiff furnished said contractors cement used in building the bridge,, for which there is a balance due of $4,055.59. The last, item of material was furnished on the 25th' day of April, 1900, and the plaintiff’s lien statement was filed and notice thereof was served in May, 1902, some time after the principal contractors had been paid in full. In March, 1900, the railway company made a payment of $2,500 to the contractors, and in April of the same…
2Cases cited3 opinions
- Walker v. QuealSupreme Court of Iowa · 1894
- Thompsonn v. SpencerSupreme Court of Iowa · 1895
- Lindsay & Phelps Co. v. ZoecklerSupreme Court of Iowa · 1905
3Cited by2 opinions
- Edward Edinger Co. v. Hildreth Memorial United Evangelical ChurchSupreme Court of Iowa · 1925
- Price v. CarlSupreme Court of Iowa · 1917