Carney Bros. v. Cook
Supreme Court of Iowa
Appeal from PoTk District Court. — ITon. Josiah Given, Judge. Action in chancery to enforce a mechanic’s lien; judgment was. entered against the defendant, but no mechanic’s lien was recognized or enforced. Defendant Munger and plaintiffs both appeal; defendant first.
1Opinion of the Court
Beck, J.-
— -I. The defendant Munger employed defendant Cook to make repairs, or alterations, of a house owned by the first named. The material, lumber, *748lime, etc., was contracted for by Cook upon the representation that it was to be nsed in the work on Munger’s house, and would be paid for out of the money received for the “job.” After a part of the material had been furnished, one of the plaintiffs called upon Munger, informed him of the fact,- and asked him who would pay for the material. He replied he would pay for it, and intended to do so, and he would pay for whatever material was…
2Cases cited3 opinions
- Neilson, Benton & O'Donnel v. Iowa Eastern R. Co.Supreme Court of Iowa · 1879
- Jones v. Swan & Co.Supreme Court of Iowa · 1866
- Cotes v. ShoreySupreme Court of Iowa · 1859
3Cited by5 opinions
- Queal Lumber Co. v. LipmanSupreme Court of Iowa · 1925
- Thompsonn v. SpencerSupreme Court of Iowa · 1895
- Edward Edinger Co. v. Hildreth Memorial United Evangelical ChurchSupreme Court of Iowa · 1925
- Smyser v. FairSupreme Court of Kansas · 1906
- Missouri River Lumber Co. v. Finance Co.Supreme Court of Iowa · 1895