Freeman v. Fleming
Supreme Court of Iowa
Appeal from the Johnson Dist/rict Court. This action was brought to recover one hundred and seventy dollars, and to establish a mechanic’s lien on part of lot five in block fifty-eight, in Iowa City, Johnson county, Iowa, and was based upon an alleged contract, that the plaintiff should perform the carpenter’s work of building a house on the above lot, for the agreed price of one hundred and sixty dollars, the defendant furnishing the material.
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Appeal from the Johnson Dist/rict Court. This action was brought to recover one hundred and seventy dollars, and to establish a mechanic’s lien on part of lot five in block fifty-eight, in Iowa City, Johnson county, Iowa, and was based upon an alleged contract, that the plaintiff should perform the carpenter’s work of building a house on the above lot, for the agreed price of one hundred and sixty dollars, the defendant furnishing the material. The defendant pleaded, first, a denial specifically, and secondly, a tender of eighty-five dollars, part of the sum claimed, and avers that he brings…
1Opinion of the Court
Woodward, J.—
The defendant pleaded a tender of eighty-five dollars, part of plaintiff’s claim, and alleges that he brings the same into court. The plaintiff took issue on this part of the answer. The money, however, was not, in fact, paid into court. Before proceeding to trial, the court informed the defendant’s counsel, that unless he paid the money into court, the defendant would not be permitted to give evidence under the plea of tender. The party did not pay in the money, but at the proper time, offered Ms testimony under this plea, to which the plaintiff objected, and the court sustained…
2Cited by10 opinions
- Shugart & Lininger v. PatteeSupreme Court of Iowa · 1873
- Mohn v. StonerSupreme Court of Iowa · 1860
- Mohn v. StonerSupreme Court of Iowa · 1862
- Robinson v. MainSupreme Court of Iowa · 1940
- Long v. HowardSupreme Court of Iowa · 1872
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