Howell v. Hathaway
Nebraska Supreme Court
Appeal from the district court for Hall county. Heard below before Tiffany, J. cited: Thompson v. Davenport, 9 B. & C., 78 [2 Smith’s Leading Cases, 377*]; North v. LaFlesh, 73 Wis., 520 [41 N. W. Rep., 633].
1Opinion of the CourtMaxwell, J.
This is an action to foreclose a mechanic’s lien.
The plaintiff in error is a dealer in lumber and building material, and furnished to one Moore, who had contracted with T. A. Hathaway to build a house on a certain lot, the building material necessary to erect the house. Before the lumber was all furnished, Mr. Hathaway called upon the plaintiff in error and stated that he would pay for the lumber and other material furnished to build said house.
The testimony shows that the value of such material was the sum of $665.10, of which sum T. A. Hathaway had paid before judgment the sum of $500.
Annie…
2Cases cited3 opinions
- People ex rel. Putnam v. Commissioners of Buffalo CountyNebraska Supreme Court · 1875
- McCormick v. LawtonNebraska Supreme Court · 1872
- Scales v. C. N. Paine & Co.Nebraska Supreme Court · 1882
3Cited by2 opinions
- Central Loan & Trust Co. v. O'SullivanNebraska Supreme Court · 1895
- Hollingsworth v. McLeanNebraska Supreme Court · 1941