Mahoning Park Co. v. Warren Home Development Co.
Ohio Supreme Court
Error to the Court of Appeals of Trumbull county. This action was instituted in the court of common pleas of Trumbull county by the Warren Home Development Company, to foreclose a mechanic’s lien which plaintiff claimed to have upon certain premises owned by the defendant, the Ma-honing Park Company.
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Error to the Court of Appeals of Trumbull county. This action was instituted in the court of common pleas of Trumbull county by the Warren Home Development Company, to foreclose a mechanic’s lien which plaintiff claimed to have upon certain premises owned by the defendant, the Ma-honing Park Company. The averments of the petition are, in substance, that one Leon Lackey entered into a contract in writing with plaintiff, which is attached to the petition, under the terms of which plaintiff was to furnish material and labor for and build an addition to a dancing pavilion on the lands of the…
1Opinion of the CourtMatthias, J.
The question of prime importance presented in this case is whether the plaintiff, who furnished material and performed labor for the repair and improvement of a dancing pavilion, pursuant to a contract entered into with the lessee thereof, may have a mechanic’s lien upon the reversion in fee of the lessor by reason of the fact that such lease by its terms requires the lessee to make such improvements at the lessee’s expense, and the same were made in accordance with such provisions.
For the purpose of this consideration we shall adopt the finding of the Court of Appeals that the lease executed…
2Cases cited9 opinions
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Wilkerson v. RustIndiana Supreme Court · 1877
- Cornell v. . BarneyNew York Court of Appeals · 1884
- Belnap v. CondonUtah Supreme Court · 1908
- Boone v. . ChatfieldSupreme Court of North Carolina · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
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- Crandall v. IrwinOhio Supreme Court · 1942
- Cuspide Properties, Ltd. v. Earl Mechanical Servs.Ohio Court of Appeals · 2015
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