Tygart Valley Brewing Co. v. Vilter Mfg. Co.
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Northern District of West Virginia, at Clarksburg. Suit in equity by the Vilter Manufacturing Company against the Tygart Valley Brewing Company. Decree for complainant (168 Fed. 1002), and defendant appeals.
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Appeal from the Circuit Court of the United States for the Northern District of West Virginia, at Clarksburg. Suit in equity by the Vilter Manufacturing Company against the Tygart Valley Brewing Company. Decree for complainant (168 Fed. 1002), and defendant appeals. The appellee, by agreement, dated February 1, 190(1. contracted witli tbe appellant to furnish and erect, in the latter's brewery, at Grafton, Taylor county, West Virginia, two large refrigerating machines and an ice plant, at the price of $21,500. After the completion of the work, the appellee, pursuant to the laws of the state…
1Opinion of the CourtWaddill, District Judge
(after stating the facts as above). The assignments of error raise but two questions: First, the validity of the lien, because of the defective authentication thereof; and, second, the propriety of the rejection of the counterclaim for liquidated damages.
Considering the sufficiency of the certificate to the mechanic’s lien under the West Virginia statute, the provisions of the same, so far as material, will be found in Code W. Va. c. 75, § 2 et seq., especially sections 4, 5, 10, and 11. Section 2 gives the lieu. Section 4 provides how it. shall be claimed, and is as follows:
“Sec. 4. Every…
2Cases cited23 opinions
- McDonald v. RosengartenIllinois Supreme Court · 1890
- United States Blowpipe Co. v. SpencerWest Virginia Supreme Court · 1895
- Morgan v. First Nat. Bank of ManningtonCourt of Appeals for the Fourth Circuit · 1906
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
- Mayes v. RuffnersWest Virginia Supreme Court · 1875
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