M. A. Phelps Lumber Co. v. McDonough Mfg. Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United(States for the Northern Division of the Eastern District of Washington; Frank H. Rud-kin, Judge. Action by the McDonough Manufacturing Company against the M. A. Phelps Dumber Company to enforce a lien for certain sawmill machinery. Decree for plaintiff, and defendant appeals. The appellant purchased from the appellee certain machinery and materials for a sawmill.
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Appeal from the District Court of the United(States for the Northern Division of the Eastern District of Washington; Frank H. Rud-kin, Judge. Action by the McDonough Manufacturing Company against the M. A. Phelps Dumber Company to enforce a lien for certain sawmill machinery. Decree for plaintiff, and defendant appeals. The appellant purchased from the appellee certain machinery and materials for a sawmill. The contract provided that upon the arrival of each car load of machinery the appellant should pay freight thereon and one-half the invoice price of the car load; the remainder to be…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The appellant contends that there was no allegation in the bill and no evidence to show that the,property furnished by the appellee ever became a part of the realty; and that therefore the appellee was not entitled to a lien thereon. We think there was an allegation and evidence in that respect sufficient to justify the decree of the court below. It appears from the testimony /that the material and machinery were designed and manufactured to fit a certain building; that the machinery was all placed in the building and became a part of the mill; that…
2Cases cited8 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
- Cooper v. CleghornWisconsin Supreme Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- Bremerton Concrete Products Co. v. MillerCourt of Appeals of Washington · 1987
- Otis Elevator Co. v. Finks Clothing Co.Supreme Judicial Court of Maine · 1932
- Murray Co. v. Citizens' Oil MillCourt of Appeals for the Fourth Circuit · 1922
- Nu-Way Boiler & Engineering Co. v. MorenskyAppellate Court of Illinois · 1932
1 more not listed; retrieve them via the Exa API.