Iowa Stone Co. v. Crissman
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. W. N. Trieciiler, Judge. One jVEcGrée contracted with tbe defendant to furnish! material and work for certain stone foundations for buildings under an oral contract that payment should be made when the work was completed.
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Appeal from Linn District Court. — Hon. W. N. Trieciiler, Judge. One jVEcGrée contracted with tbe defendant to furnish! material and work for certain stone foundations for buildings under an oral contract that payment should be made when the work was completed. The plaintiff, as a subcontractor, furnished the stone for the foundations, and within the statutory time, but after the work had been fully completed and paid for, it filed its statement for a mechanic’s lien, and served the required notice upon the defendant. This action is to enforce the lien against the property of the defendant.…
1Opinion of the CourtSiierwin, J.
1 The principal contractor, McGee,was not made a party to this action, nor had plaintiff’s claim against1 him been adjudicated. The petition alleged that the amount due had been agreed to by all parties, and this was not denied. If this undenied allegation were to be held insufficient, no question as to defect of parties was raised in the court below, and consequently cannot be considered here. Coe v. Anderson, 92 Iowa, 515; Bouton v. Orr, 51 Iowa, 473. So an objection that the petition does not state a cause of action cannot be made in this court for the first time. Ross v. Insurance Co., 93…
2Cases cited18 opinions
- Andrews & Smith v. Burdick & GobleSupreme Court of Iowa · 1883
- Stewart v. WrightSupreme Court of Iowa · 1879
- Jones & Magee Lumber Co. v. MurphySupreme Court of Iowa · 1884
- Chicago Lumber Co. v. WoodsideSupreme Court of Iowa · 1887
- Epeneter v. Montgomery CountySupreme Court of Iowa · 1896
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Garrison Grain & Lumber Co. v. Farmers Mercantile Co.Supreme Court of Iowa · 1917
- Des Moines Furnace & Stove Repair Co. v. LemonSupreme Court of Iowa · 1953
- Jordan v. MarkhamSupreme Court of Iowa · 1906
- Sheldon v. Chicago Bonding & Surety Co.Supreme Court of Iowa · 1921
- Wheelock v. HullSupreme Court of Iowa · 1904
4 more not listed; retrieve them via the Exa API.