Chicago Lumber Co. v. Woodside
Supreme Court of Iowa
Appeal from Polls Circuit Court. Action to foreclose a mechanic’s lien. The defendant Joseph Rogg is the owner of the property in question. In June, 1885, he entered into a contract with the defendant Woodside for the construction of a building. Woodside contracted with- the plaintiff to furnish the lumber for the building, with the exception of the doors, sashes, etc., furnished by the Capital City Planing Mill Company.
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Appeal from Polls Circuit Court. Action to foreclose a mechanic’s lien. The defendant Joseph Rogg is the owner of the property in question. In June, 1885, he entered into a contract with the defendant Woodside for the construction of a building. Woodside contracted with- the plaintiff to furnish the lumber for the building, with the exception of the doors, sashes, etc., furnished by the Capital City Planing Mill Company. The plaintiff claimed a lien for the entire balance due it, to-wit, $452.61. The court decreed that the plaintiff was not entitled to a lien for the whole of such amount, but…
1Opinion of the Court
Adams, Ch. J.
1. Mechanic's Lien: subcontractor: payment to contractor: notice. The plaintiff commenced furnishing lumber to the contractor, Woodside, July 8, 1885, and continued to furnish lumber until October 8, 1885, on ... . _ . which day it furnished the last item. Within ^ thirty days therefrom, to-wit, October 26, 1885, it filed a statement for a lien, and served notice thereof upon the owner Rogg. The contract between Rogg and Woodside called for payments as the work progressed. Rogg proceeded to make payments, and paid, upon the contract, either directly to Woodside, or to…
2Cases cited1 opinion
- Othmer Bros. v. Clieton & BishopSupreme Court of Iowa · 1886
3Cited by16 opinions
- Jarvis v. State BankSupreme Court of Colorado · 1896
- Chicago Lumber & Coal Co. v. GarmerSupreme Court of Iowa · 1906
- Simonson Bros. Manufacturing Co. v. Citizens State Bank of GoldfieldSupreme Court of Iowa · 1898
- Hug v. HintragerSupreme Court of Iowa · 1890
- Iowa Stone Co. v. CrissmanSupreme Court of Iowa · 1900
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