Sioux City Foundry & Manufacturing Co. v. Merten
Supreme Court of Iowa
Appeal from Woodbury District Court. — John F. Oliver, Judge. • •Foreclosure of mechanics’ lien. Appeal on the claim that too small a recovery was allowed.
1Opinion of the CourtSalinger, J.
I. Day and Stone employed one Merten to construct for them a building in Sioux City, known as the Davidson building. They paid him, in the course of. construction, a sum of money, out of which he paid $300 to the appellant, McNeil. Merten was indebted to McNeil for various materials used by Merten in his work as contractor, including material for the Davidson job. He gave no direction as to the application of the $300, and McNeil applied this payment to *334accounts for material other than that used in the Davidson building. The trial court, in effect, applied this $300 to diminishing the account…
2Cases cited23 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- Hanson v. ManleySupreme Court of Iowa · 1887
- Crane Co. v. Pacific Heat & Power Co.Washington Supreme Court · 1904
- Hughes & Co. v. FlintWashington Supreme Court · 1911
18 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Standard Oil Co. v. DaySupreme Court of Minnesota · 1924
- Webb v. Crane Co.Arizona Supreme Court · 1938
- Salt Lake City v. O'ConnorUtah Supreme Court · 1926
- Hiller & Skoglund, Inc. v. Atlantic Creosoting Co., Inc.Supreme Court of New Jersey · 1963
- Dunn v. Second National Bank of HoustonTexas Supreme Court · 1938
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