Huntsville Elks Club v. Garrity-Hahn Building Co.
Supreme Court of Alabama
Appeal from Madison Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Garrity-I-Iahn Building Company and the sureties on its building contract, against the Huntsville Elks Club, to enforce a mechanics’ lien for balance due upon the building. Decree for complainants and respondents appeal.
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Appeal from Madison Chancery Court. Heard before Hon. W. H. Simpson. Bill by the Garrity-I-Iahn Building Company and the sureties on its building contract, against the Huntsville Elks Club, to enforce a mechanics’ lien for balance due upon the building. Decree for complainants and respondents appeal. The proof does not sustain the allegations of the bill that the building was to be completed within a reasonable time from July 5, 1906, and the contract alleged was not proven. — 3 Mayf. 351, et seq. It would seem, as a matter of course, from the evidence that the owner is entitled to…
1Opinion of the Court
DOWDELL, O. J.
This cause was submitted in the chancery court upon the pleadings and proof as noted by the register, and a final decree rendered by the chancellor in favor of the complainants in the bill, from which the present appeal is prosecuted by the respondent, the Huntsville Elks’ Club. The purpose of the bill is to enforce a mechanic’s lien on the property described for an alleged balance claimed to be due for the *131erection of the described building. A copy of the contract, which was in writing, is made an exhibit to the bill. By the terms of the written contract (article 6) the Avork…
2Cases cited4 opinions
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
- Hutchins v. MunnSupreme Court of the United States · 1908
- Lawrence County v. StewartSupreme Court of Arkansas · 1904
3Cited by15 opinions
- Andrews v. GreySupreme Court of Alabama · 1917
- Mudd v. LanierSupreme Court of Alabama · 1945
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Continental Life Ins. Co. v. SmithNew Mexico Supreme Court · 1936
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