Public-domain · open source
OpenJurist

14 Ind. 517

McDaniel v. Weaver

Indiana Supreme Court

Decided June 13, 1860

Indiana Supreme Court · decided 1860-06-13

<p>APPEAL from the Benton Court of Common Pleas.</p>

Decided 1860-06-13

Perkins, J.

¶1Suit to enforce a mechanic’s lien, &c.

¶2The complaint contained two paragraphs—

¶31. That plaintiff furnished the materials to a contractor; that the proprietor was owing the contractor, and that notice of lien was filed, &c.

¶42. An original promise to pay for the materials in consideration they should be furnished to the contractor. ■

¶5Trial on the general denial. • The evidence is not of record. There was a general judgment for the value of the materials simply, but not ordered to be specifically enforced.

¶6This judgment might be right on the second paragraph.

Per Curiam.

¶7The judgment is affirmed with 1 per cent, damages and costs.

/14/ind/517 · .json · Public domain