Legal Opinion

Fairbairn v. Moody

Michigan Supreme Court

Decided May 24, 1898PublishedCited by 23 opinions

Appeal from Wayne; Donovan, J. Bill by Thomas Fairbairn against George T. Moody, John J. Warren, and the Kalamazoo College, to enforce a mechanic’s lien. From a decree dismissing the bill, complainant appeals.

1Opinion of the CourtMontgomery, J.

Complainant filed a bill to enforce a mechanic’s lien. The bill was taken as confessed by the defendants Warren and the Kalamazoo College. The defendant Moody answered, setting up a claim of estoppel. The circuit judge dismissed the bill, and the complainant appeals.

The evidence to show an estoppel was in substance as follows: The complainant was a subcontractor. After the work was completed, he stated to the architect, Mr. Mills, that he was anxious to get the matter closed up, *63and that he wished that Mr. Moody would hurry up and pay Mr. Warren, so that he (complainant) could get his money…

2Cases cited2 opinions

  1. Blitz v. FieldsMichigan Supreme Court · 1898
  2. McPherson v. McGillisMichigan Supreme Court · 1892

3Cited by23 opinions

  1. Smalley v. GearingMichigan Supreme Court · 1899
  2. Knowlton v. GibbonsMichigan Supreme Court · 1920
  3. Bartels v. McCulloughOregon Supreme Court · 1921
  4. Spartan Asphalt Paving Co. v. Grand Ledge Mobile Home ParkMichigan Court of Appeals · 1976
  5. Stevens v. GarlandMichigan Supreme Court · 1917

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