Flake v. Central Hardware Co.
Mississippi Supreme Court
Fbom tbe circuit court of Forrest county. HoN. WilliaM H. Cooe, Judge., Tbe Hardware Company, appellee, was plaintiff in tbe court below; Flake, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to tbe supr¿me court. Tbe facts are stated in tbe opinion of tbe court.
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Fbom tbe circuit court of Forrest county. HoN. WilliaM H. Cooe, Judge., Tbe Hardware Company, appellee, was plaintiff in tbe court below; Flake, appellant, was defendant there. From a judgment in plaintiff’s favor defendant appealed to tbe supr¿me court. Tbe facts are stated in tbe opinion of tbe court. Tbe proceeding was purely a statutory one, and of course tbe direction of tbe statute must be pursued, tbe language of tbe statute under wbicb tbe second count of tbe petition was drawn is explicit and unambiguous, and under no view of that statute could tbe judgment of tbis case be sustained.…
1Opinion of the Court
Mayes, J.,
delivered tbe opinion of tbe court.
This is a proceeding commenced by tbe Central Hardware-Company for the purpose of enforcing a materialman’s lien on-a certain building erected by one Guinn on property belonging-to Mrs. Laura L. Flake. Tbe contract made by Guinn for tbe erection of this building was made with Henry L. Flake, the-husband, and no written consent for tbe erection of this building on her property was ever obtained from tbe wife. This being-tbe case, tbe lien is sought to be enforced only as against the-building, and not tbe land itself. Tbe Central Hardware Company…
2Cited by3 opinions
- Planters' Lumber Co. v. TompkinsMississippi Supreme Court · 1916
- Hervey v. Commercial Bank, of ClarksdaleMississippi Supreme Court · 1929
- Eberle v. DrennanSupreme Court of Oklahoma · 1912