Christian & Craft Grocery Co. v. Kling
Supreme Court of Alabama
The bill in this case was brought by August Eling against the Fruitdale Lumber Oo. and others and seeks to have declared in his favor a lien on a certain lot of land and the improvements thereon because he furnished certain materials, 'fixtures, engine and machinery to the company in repairing and completing a saw mill of the said-company situated on said land, and also performed certain work on the engine, boiler, machinery, etc. — all under a contract with said .company.
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The bill in this case was brought by August Eling against the Fruitdale Lumber Oo. and others and seeks to have declared in his favor a lien on a certain lot of land and the improvements thereon because he furnished certain materials, 'fixtures, engine and machinery to the company in repairing and completing a saw mill of the said-company situated on said land, and also performed certain work on the engine, boiler, machinery, etc. — all under a contract with said .company. The bill alleges that the complainant’s account was filed as required by law; that the defendant, Blanchard, claimed to…
1Opinion of the CourtMcCLELLAN, C. J.
— This is a bill to enforce a mechanic’s and material-man’s lien on certain machinery constituting a saw mill and upon the lot of land upon which the saw-mill plant was located.(1)The objection to the bill taken by demurrer that it does not show but that the work done by the complainant was that of a journeyman artisan and not by a contractor — the question being important in relation to the statute of limitations — is without merit. Giving the bill a fair construction, it does sufficiently appear that complainant’s claim is for materials furnished and work done by him as an original…
2Cases cited2 opinions
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Smith v. SmithSupreme Court of Alabama · 1894
3Cited by4 opinions
- Becker Roofing Co. v. WysingerSupreme Court of Alabama · 1929
- Roobin v. GrindleSupreme Court of Alabama · 1929
- Siglin v. SmithSupreme Court of Alabama · 1910
- District Grand Lodge No. 7 v. MarxSupreme Court of Alabama · 1901