Green Bay Lumber Co. v. Thomas
Supreme Court of Iowa
Appeal from Jackson District Court. — Hon. A. J. House, Judge. Suit in equity to establish and enforce a mechanic’s lien. Plaintiff is a subcontractor who furnished lumber and material to defendant Thomas, the principal contractor, for the erection of a house upon land belonging to defendant Dun-ham.
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Appeal from Jackson District Court. — Hon. A. J. House, Judge. Suit in equity to establish and enforce a mechanic’s lien. Plaintiff is a subcontractor who furnished lumber and material to defendant Thomas, the principal contractor, for the erection of a house upon land belonging to defendant Dun-ham. Defendants admit that lumber was furnished, but say that plaintiff did not file its lien within the time required by statute; that the owner has paid the contractor in full; and that plaintiff, by reason of certain representations and statements is estopped from enforcing its lien. Decree for…
1Opinion of the CourtDeembr, C. J.
The first question in the case is, did the plaintiff file its lien and serve notice upon the owner within thirty days after furnishing the last item of material? It filed its lien and served the notice on the twenty-second day of December, 1896. There is a serious dispute as to when the last item of material was furnished. Appellant claims it was on the twenty-third day of November, while appellees insist it was on the twenty-first. Careful consideration of the evidence leads us to the conclusion that it was on the twenty-third, and that the lien was filed and notice given in time.
1 Appellees…
2Cases cited2 opinions
- Epeneter v. Montgomery CountySupreme Court of Iowa · 1896
- Johnson v. ClancySupreme Court of Iowa · 1898
3Cited by8 opinions
- Goodwin Tile & Brick Co. v. DeVriesSupreme Court of Iowa · 1944
- Page v. GrantSupreme Court of Iowa · 1905
- Garrison Grain & Lumber Co. v. Farmers Mercantile Co.Supreme Court of Iowa · 1917
- Iowa Stone Co. v. CrissmanSupreme Court of Iowa · 1900
- Nancolas & Howard v. HitafferSupreme Court of Iowa · 1907
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