Symms-Powers Co. v. Kennedy
South Dakota Supreme Court
Appeal from 'Circuit 'Court, Lincoln County. Hon. Joseph W. Jones, Judge. Action by the Symms-Powers- Company against C. B. Kennedy, with which was consolidáted an action by the Plumbing Supply Company -against said defendant, -to- enforce -mechanics liens. From a judgment establishing mechanics-’ liens- in favor of both plaintiff and the Supply 'Company, defendant, owner of the property affected by the liens, appeals.
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Appeal from 'Circuit 'Court, Lincoln County. Hon. Joseph W. Jones, Judge. Action by the Symms-Powers- Company against C. B. Kennedy, with which was consolidáted an action by the Plumbing Supply Company -against said defendant, -to- enforce -mechanics liens. From a judgment establishing mechanics-’ liens- in favor of both plaintiff and the Supply 'Company, defendant, owner of the property affected by the liens, appeals. As a condition precedent to the defendant’s obligation to pay, plaintiff must furnish a bond guaranteeing to -defendant that the heating plant is installed in- accordance with…
1Opinion of the CourtWhiting, J.
The Symms-Powers Company, as party of the first part, and one Kennedy, as party of the second part, entered into a written contract wherein the company contracted to install a heating and plumbing system in an opera house then in course of erection by Kennedy; the contract price for installing both systems being one lump sum. The only provisions of this contract necessary to be noted are: (1) that the consideration for the installation of said plants was to be paid “provided that the party of the first part shall have furnished to' tire party of the second part a good and sufficient surety…
2Cases cited4 opinions
- Hightower v. BaileyCourt of Appeals of Kentucky · 1900
- Anders v. Life Insurance ClearingNebraska Supreme Court · 1901
- Albright v. SmithSouth Dakota Supreme Court · 1892
- Albright v. SmithSouth Dakota Supreme Court · 1893
3Cited by5 opinions
- Potter v. AndersonSouth Dakota Supreme Court · 1970
- Dixon v. NelsonSouth Dakota Supreme Court · 1961
- Blanchard v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1934
- Hancock v. OliverSupreme Court of Alabama · 1934
- Harrington v. KemptonSouth Dakota Supreme Court · 1928