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24 Iowa 418

Burdick v. Moon

Supreme Court of Iowa

Decided May 8, 1868

Supreme Court of Iowa · decided 1868-05-08

The plaintiff, by his petition, seeks to enforce a mechanic’s lien for work and labor performed (to the amount of forty-six dollars) on a house, on the land of the defendant (the wife), under a contract with the husband, as the agent of the wife, for her use and benefit, with her knowledge and consent, and for which they promised to pay, etc. Demurrer sustained. Plaintiff excepted and appeals.

Decided 1868-05-08

Wright, J.

¶1This case is “on all fours” with Kidd v. Wilson (23 Iowa, 464). The petition and objections made to it, are in all respects the same as examined and disposed of in that. For the reasons there stated, without repeating them, the demurrer should have been overruled.

¶2Reversed and remanded.

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