Early v. Burt
Supreme Court of Iowa
Appeal from, Sae Girotdt Court. Action in equity on an account for building materials, and for the foreclosure of a mechanic’s lien. The petition alleges that the materials were furnished under a contract with defendants, who were partners in the erection of the building in which it was used, and that said building was erected on a lot of which defendant Burt was in possession under a contract for the purchase thereof.
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Appeal from, Sae Girotdt Court. Action in equity on an account for building materials, and for the foreclosure of a mechanic’s lien. The petition alleges that the materials were furnished under a contract with defendants, who were partners in the erection of the building in which it was used, and that said building was erected on a lot of which defendant Burt was in possession under a contract for the purchase thereof. Defendants filed an answer, in which they admitted the purchase of the materials by them as partners, and that it was used in the erection of the building described in the…
1Opinion of the CourtHeed, J.
of0partue6r^se otfter“annec tó pay debt.
2. PLEADING: material allegations admitted : denial of others immaterial: judgment on pleadings It has not been claimed in this court that either Satterlee or the firm of Burt & Satterlee were discharged from liability on the account in suit by the agreement pleaded in the answer. The undertaking of Burt to pay the debt did not constitute a consideration for the promise of plaintiff to release the firm and Satterlee from liability therefor, for the reason that Burt, as a member of the firm, was already bound for the amount. His undertaking was'simply a…
2Cases cited1 opinion
- Powers v. County of O'BrienSupreme Court of Iowa · 1880
3Cited by12 opinions
- Eccles Lumber Co. v. MartinUtah Supreme Court · 1906
- Smith v. WellslagerSupreme Court of Iowa · 1898
- Bender v. BeenSupreme Court of Iowa · 1889
- Grubbe v. PierceWisconsin Supreme Court · 1914
- Wadhams v. PageWashington Supreme Court · 1890
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