Neilson, Benton & O'Donnel v. Iowa Eastern R. Co.
Supreme Court of Iowa
Appeal from Clayton Circuit Court. Action to enforce a mechanic's lien under an alleged contract made in 1872. The action was commenced in 1874^ The petition and amendment thereto claim that the plaintiffs furnished to the defendant a large number of ties, which were used in the construction of defendant’s road. A part thereof "were furnished under a written contract, and the residue ¡under an oral contract.
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Appeal from Clayton Circuit Court. Action to enforce a mechanic's lien under an alleged contract made in 1872. The action was commenced in 1874^ The petition and amendment thereto claim that the plaintiffs furnished to the defendant a large number of ties, which were used in the construction of defendant’s road. A part thereof "were furnished under a written contract, and the residue ¡under an oral contract. The cause was referred, and a finding made by the referee, upon which judgment was rendered for the plaintiffs, and defendant appeals. The plaintiffs, since judgment was rendered in the…
1Opinion of the Court
Servers, J., Ren: contract. — I. It is insisted that the plaintiffs are not •entitled to a lien because there was not an express contract that the ties were to be used in the construction roa¿> That is to say, there must not only be a contract, but it must specify, or rather contain, a “covenant that said ties shall be used in the construction of the Iowa Eastern Bailroad.”
To entitle the plaintiffs to a lien the ties must have been furnished “under or by virtue of a contract with the owner or proprietor.” Eevision, § 1846. It is not required by the statute that the contract should be express…
2Cases cited15 opinions
- Minnesota Co. v. St. Paul Co.Supreme Court of the United States · 1865
- Pennock v. CoeSupreme Court of the United States · 1860
- Canal Co. v. GordonSupreme Court of the United States · 1868
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Peters v. MyersWisconsin Supreme Court · 1868
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Thomas Trammell & Co. v. MountTexas Supreme Court · 1887
- Westinghouse Air Brake Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1905
- Scott v. GoldinghorstIndiana Supreme Court · 1890
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
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