Legal Opinion

W. E. Caldwell Co. v. John Williams-Taylor Co.

Supreme Court of Oklahoma

Decided July 6, 1915No. 4724PublishedCited by 6 opinions

Error from District Court, Kiowa County; James R. Tolbert, Judge. Action by the W. E. Caldwell Company, a corporation, against the John 'Williams-Taylor Company, a corporation, and another. Judgment for defendants, and plaintiff brings error.

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Error from District Court, Kiowa County; James R. Tolbert, Judge. Action by the W. E. Caldwell Company, a corporation, against the John 'Williams-Taylor Company, a corporation, and another. Judgment for defendants, and plaintiff brings error. This was a suit to foreclose a subcontracting ma-terialman’s. lien, commenced by plaintiff in error, W. E. Caldwell Company, a corporation, hereinafter called plaintiff, against John Williams-Taylor Company, a corporation, the original contractor, and the Snyder Cotton Oil Company, a corporation, the owner, defendants in error, hereinafter called…

1Opinion of the Court

Opinion by

COLLIER, C.

(after stating the facts as above). Plaintiff in his brief admits that there is but one question involved in this case, and this is not contradicted by the defendants, and that question is whether or not a subcontractor, furnishing material actually used in the construction of a building, has a lien, when he gave1 the statutory notice of filing his lien within 60 days of the time he furnished the material, in a case where the contractor abandoned, his contract, after he had been paid the full contract price, prior to the expiration of 60 days.

The statute under which the…

2Cases cited2 opinions

  1. Eberle v. DrennanSupreme Court of Oklahoma · 1912
  2. Christy v. Union Oil & Gas Co.Supreme Court of Oklahoma · 1911

3Cited by6 opinions

  1. Jones v. Purcell Investments, LLCCourt of Civil Appeals of Oklahoma · 2009
  2. J. B. Klein Iron & F. Co. v. A. B. Mays & Co.Supreme Court of Oklahoma · 1919
  3. Guest v. ShamburgerSupreme Court of Oklahoma · 1926
  4. Mobley v. Leeper Bros. Lbr. Co.Supreme Court of Oklahoma · 1923
  5. PIZANO v. LACEY & ASSOCIATES, LLCSupreme Court of Oklahoma · 2016

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