McDonald Stone Co. v. Stern & Marx
Supreme Court of Alabama
Appeal from Chau eery Court of Mobile. Heard before the Hon. Thomas H. Smith. The original bill in this case was filed by Stern & Marks, against the Mobile Lodge, No. 108, Benevolent and Protective Order of Elks, The D. J. McDonald Stone Company, S. D. Copeland and Zacbary & Zachary and it is alleged in said bill that said Benevolent Order of Elks as owners, had contracted with Zachary & Zachary as contractors, to erect a certain building furnishing material for same on…
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Appeal from Chau eery Court of Mobile. Heard before the Hon. Thomas H. Smith. The original bill in this case was filed by Stern & Marks, against the Mobile Lodge, No. 108, Benevolent and Protective Order of Elks, The D. J. McDonald Stone Company, S. D. Copeland and Zacbary & Zachary and it is alleged in said bill that said Benevolent Order of Elks as owners, had contracted with Zachary & Zachary as contractors, to erect a certain building furnishing material for same on certain premises in the City of Mobile for a stipulated amount. It is further alleged in said bill that the complainant had…
1Opinion of the CourtTyson, J.
It appears from the cross-bill of the owner, The Mobile Lodge No. 108 Benevolent and Protective Order of Elks, to which the demurrer was interposed by The D. J. McDonald Stone Company, that after the McDonald Company had given the owner notice that it claimed a lien as a sub-contractor for the labor and materials furnished the contractor -as required by § 2731 of the Code, that the owner advanced to the contractor, as a part of the contract price, a sum of money *509more tlian enough to pay off and discharge the claim of The McDonald Company. This money was advanced, it is alleged, to pay for…
2Cases cited1 opinion
- Alabama & Georgia Lumber Co. v. TisdaleSupreme Court of Alabama · 1903
3Cited by10 opinions
- Baker Sand & Gravel Co. v. Rogers Plumbing & Heating Co.Supreme Court of Alabama · 1934
- Richardson Lumber Co. v. HowellSupreme Court of Alabama · 1929
- Standard Sanitary Mfg. Co. v. AirdSupreme Court of Alabama · 1930
- Cranford Mercantile Co. v. WellsSupreme Court of Alabama · 1916
- Dixie Lumber Co. v. YoungSupreme Court of Alabama · 1919
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