Greenwood Lumber Co. v. Lanham
Mississippi Supreme Court
Appeal from circuit court oí Leflore county. Hon. S. F. Davis, Judge. Suit by Joe Lanham against the Greenwood Lumber Company and others. Judgment for the plaintiff, and the defendants appeal. Can Lanham Recover on án Indivisible Contract When It Did Not Stand Completed at the Time of the Filing of the Suit? The court will observe that Lanham’s contract with appellant, Hainan, ivas indivisible.
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Appeal from circuit court oí Leflore county. Hon. S. F. Davis, Judge. Suit by Joe Lanham against the Greenwood Lumber Company and others. Judgment for the plaintiff, and the defendants appeal. Can Lanham Recover on án Indivisible Contract When It Did Not Stand Completed at the Time of the Filing of the Suit? The court will observe that Lanham’s contract with appellant, Hainan, ivas indivisible. Mr. Lanham, by that contract, contracted to do a certain thing for a certain price, but at the time that he brought his suit his contract did not stand more than one-third completed. We submit that…
1Opinion of the CourtAnderson, J.
Appellee, Joe Lanham, instituted a proceeding in the circuit court of Leflore county under chapter 81, Code of 1906, section 3058' et seq. (Hemingway’s Code, chapter 44, section 2418 et seq.), to establish a mechanic’s lien on a residence and lot owned, when the materials were furnished and the work done for which appellee brought this suit, by appellant, J. B. T-Taman, and later, and at the *44time of the trial, by appellant Greenwood Lumber Company, and recovered a judgment, from which appellants prosecute this appeal.
Appellant Haman, then the owner of the house and lot on which a mechanic’s…
2Cases cited1 opinion
- Timberlake v. ThayerMississippi Supreme Court · 1893
3Cited by1 opinion
- Federal Royalty Co. v. KnoxCourt of Appeals for the Fifth Circuit · 1940