Dierks Bros. & Lamson v. Walrod & Son
Supreme Court of Iowa
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
- Cass County Bank v. WeberSupreme Court of Iowa · 1891
- In re ColesDistrict Court, N.D. Iowa · 1915