Mason City Brick & Tile Co. v. Lamson
Supreme Court of Iowa
Appeal from Black Hawk District Court. — H. B. Boies, Judge. The appellant obtained judgment against tbe Lamsons and tbe Equitable Surety Company, on account of materials furnished as subcontractor in the construction of a hotel building owned by the Lamsons’. It appeals because it was not also given judgment against the defendant Maryland Casualty Company. The Lamsons and the Surety Company cross-appeal, asserting that plaintiff should have had no judgment against them. —
1Opinion of the CourtSalinger, J.
— I. The defendants appellants Lamson were " and are the owners of a hotel building. They contracted with Dunphy to construct said building. He proceeded with the contract for a time, then abandoned it, became bankrupt, and the Lamsons were compelled to and did complete the building. The plaintiff furnished materials as a subcontractor. He had no right to a lien, because the Lamsons filed release bond under Section 3093 of the Code, with appellant Equitable Surety- Company as surety. But plaintiff demanded and obtained judgment for $5,276.33 against Lamson and said Surety Company. It is…
2Cases cited19 opinions
- State v. GibsonSupreme Court of Iowa · 1919
- Andrews & Smith v. Burdick & GobleSupreme Court of Iowa · 1883
- Jones & Magee Lumber Co. v. MurphySupreme Court of Iowa · 1884
- Page v. GrantSupreme Court of Iowa · 1905
- Chicago Lumber Co. v. WoodsideSupreme Court of Iowa · 1887
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3Cited by2 opinions
- Des Moines Furnace & Stove Repair Co. v. LemonSupreme Court of Iowa · 1953
- C. E. Stukas & Sons v. MillerSupreme Court of Iowa · 1924