Kotcher v. Perrin
Michigan Supreme Court
Appeal from Wayne; Donovan, J. Bill by Charles W. Kotcher against Fred M. Perrin, Elizabeth A. Perrin, John B. Peterson, Jr., the William Monroe Company, the Pittsburgh Plate Glass Company, Sarah A. Nowers, and Ralph P. Peckham to enforce a mechanics’ lien. Defendants Monroe Company, Glass Company, and Peckham filed answers in the nature of cross-bills to enforce certain liens. From a decree for complainant and cross-complainants, defendants Perrin appeal.
1Opinion of the CourtMontgomery, J.
This is a proceeding to foreclose a lien by materialmen. Defendant Peterson agreed to build a house for defendants Perrin complete for $3,750. The contractor failed to complete the house, and the owner after it was abandoned paid $572.17 to complete it. In addition he found liens, including complainant’s, $555.05, defendant William Monroe Co.’s,$432.35, Ralph P. Peck-ham’s, $250, and Pittsburgh Plate Glass Co.’s, $48.48, aggregating $1,285.88. It was claimed by defendant that the contract price was almost fully paid before abandonment of the contract by the contractor, but as the payments to…
2Cases cited2 opinions
- Fairbairn v. MoodyMichigan Supreme Court · 1898
- Delray Lumber Co. v. KeohaneMichigan Supreme Court · 1902
3Cited by4 opinions
- Stevens v. GarlandMichigan Supreme Court · 1917
- Godfrey Lumber Co. v. ColeMichigan Supreme Court · 1908
- Frohlich v. AshtonMichigan Supreme Court · 1909
- Frank Japes Co. v. Pagel.Michigan Supreme Court · 1929