Legal Opinion

Dierks Bros. & Lamson v. Walrod & Son

Supreme Court of Iowa

Decided June 6, 1885PublishedCited by 2 opinions

Appeal from Shelby Oirouit Qourt. Action in equity to foreclose a meclianic’s lien. It is alleged' in the petition that plaintiff sold certain building materials to defendants Walrod & Son, which were used by them in the errection of a building on a lot owned by them in the town of Irwin; that a settlement of the account was afterwards had with them, by which it -was determined that the amount of the indebtedness was $354.21, for which amount they gave their promissory note…

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Appeal from Shelby Oirouit Qourt. Action in equity to foreclose a meclianic’s lien. It is alleged' in the petition that plaintiff sold certain building materials to defendants Walrod & Son, which were used by them in the errection of a building on a lot owned by them in the town of Irwin; that a settlement of the account was afterwards had with them, by which it -was determined that the amount of the indebtedness was $354.21, for which amount they gave their promissory note due in fifty days, with ten per cent interest; and that plaintiffs filed in the clerk’s office a true statement of their…

1Opinion of the CourtEeed, J.

The evidence introduced on the trial proves that plaintiffs delivered the building materials in question, under a contract entered into between them and Walrod & Son, and that they were used by the purchasers in the errection of an addition to a building, situated upon the lot on which plaintiffs seek to have their mechanic’s lien established. It also proves that Walrod & Son, at the time the contract -was entered into, and when the materials were delivered, - were in possession of the lot, and were carrying on business as hardware merchants in the building situated thereon. But it is not…

2Cited by2 opinions

  1. Cass County Bank v. WeberSupreme Court of Iowa · 1891
  2. In re ColesDistrict Court, N.D. Iowa · 1915

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