Foerder v. Wesner
Supreme Court of Iowa
Ajppeal from Union District Oourt. This action is brought to recover of the defendant Wesner $200, for labor performed by plaintiff as a mechanic, and to establish as against the defendant Fell a mechanic’s lien upon a building owned by him, upon which the work in question was done.
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Ajppeal from Union District Oourt. This action is brought to recover of the defendant Wesner $200, for labor performed by plaintiff as a mechanic, and to establish as against the defendant Fell a mechanic’s lien upon a building owned by him, upon which the work in question was done. The defendant Wesner alleges that he and the plaintiff were partners in the erection of the building in question; that the contract price lacked $600.18, of paying for the building, which sum defendant has paid, and that there is now due him from plaintiff on this account $300.09. The defendant Bell answered…
1Opinion of the CourtDay, J.
I. It is clearly established that the plaintiff performed labor upon the building in question. The principal inquiry is whether this labor was performed as a partner or as an employe of the defendant Wesner. We have carefully examined the evidence and the arguments of counsel upon this point. Some portions of the testimony are not fully reconcilable with either view of the question. The defendant Wesner alleges the partnership, and upon him is the burden of establishing it. We are. of opinion that there is not a preponderance of evidence in his favor, and that the finding of the referee is…
2Cases cited2 opinions
- Neilson, Benton & O'Donnel v. Iowa Eastern R. Co.Supreme Court of Iowa · 1879
- Cotes v. ShoreySupreme Court of Iowa · 1859
3Cited by1 opinion
- Stubbs v. Clarinda, College Springs & South-Western R'y Co.Supreme Court of Iowa · 1885