George v. Chicago, Fort Madison & Des Moines Railway Co.
Supreme Court of Iowa
Appeal from Lee District Cowrt. — Hon. J. M. Casey, Judge. Two actions were pending in Lee district court between these parties upon a contract in writing, whereby the plaintiff, G-eorge, agreed to furnish all the labor for the repair and construction of the bridges and culverts of the defendant’s railway at sis dollars per M. feet, board' measure.
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Appeal from Lee District Cowrt. — Hon. J. M. Casey, Judge. Two actions were pending in Lee district court between these parties upon a contract in writing, whereby the plaintiff, G-eorge, agreed to furnish all the labor for the repair and construction of the bridges and culverts of the defendant’s railway at sis dollars per M. feet, board' measure. One action was in equity, to enforce a mechanic’s lien; and the other at law, to recover damages for the defendant’s failure to furnish material in time, as required by the contract. The plaintiffs alleged that they performed the labor under the…
1Opinion of the CourtGiven, J.
The appellant contends that Mr. George had full authority to make the settlement, and that the agreement of settlement set out ‘ ‘showed a complete settlement, and took away the remedy in the claim set out in th'e petitions in the two cases;” that, being prevented from paying as agreed by the notice of the attorney’s lien, the only remedy was to apply to the court for an order directing to whom the defendant should make payment, and that the proper way of presenting the matter was by motion and affidavit. The appellees’ contention is that the agreement set out in the defendant’s motion was a…
2Cases cited2 opinions
- Hall v. SmithSupreme Court of Iowa · 1864
- Merry v. AllenSupreme Court of Iowa · 1874
3Cited by2 opinions
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- Springer Lithographing Co. v. GravesSupreme Court of Iowa · 1896