Legal Opinion

Gentry-Bowers Lumber Co. v. Hamill

Supreme Court of Oklahoma

Decided July 29, 1919No. 9225PublishedCited by 13 opinions

Error from District Court, Oklahoma County; George W. Clark, Judge. Action by the Gentry-Bowers Lumber Company against James H. Hamill and another. Judgment for defendants, and plaintiff brings error.

1Opinion of the CourtOwen, C. J.

Action by the Gentry-Bowers Lumber Company for a materialman’s lien against defendants in error. From judgment for defendants, plaintiff appeals.

The lumber and material mentioned in this action was furnished by plaintiff to' Shirley, a contractor, and used in the erection of a building owned by Hamill. The lien is sought against the owner on -the theory that the contract to erect the building made tjie contractor his agent in purchasing the material. It is not sought to enforce a subcontractor’s lien.

Under sec. 3862, Rev. Laws 1910, any person furnishing material under a contract with the…

2Cases cited3 opinions

  1. Stetson-Post Mill Co. v. BrownWashington Supreme Court · 1899
  2. Cahill-Swift Mfg. Co. v. SayerSupreme Court of Oklahoma · 1918
  3. Darlington-Miller Lumber Co. v. LobsitzSupreme Court of Oklahoma · 1896

3Cited by13 opinions

  1. Whitfield v. Frensley Bros. Lbr. Co.Supreme Court of Oklahoma · 1930
  2. Rogers v. Crane Co.Supreme Court of Oklahoma · 1937
  3. Aldridge v. JohnsonSupreme Court of Oklahoma · 1928
  4. Mobley v. Leeper Bros. Lbr. Co.Supreme Court of Oklahoma · 1923
  5. Pirtle v. BrownSupreme Court of Oklahoma · 1928

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