16 N.W. 355 (Iowa 1883), Roland v. Centerville, Moravia & Albia R'Y Co.

Citation:16 N.W. 355, 61 Iowa 380
Opinion Judge:ROTHROCK, J.
Party Name:ROLAND ET AL. v. THE CENTERVILLE, MORAVIA & ALBIA R'Y Co. ET AL
Attorney:Perry & Townsend, for appellants. Baker & Haynes, for appellees.
Case Date:June 15, 1883
Court:Supreme Court of Iowa
 
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Page 355

16 N.W. 355 (Iowa 1883)

61 Iowa 380

ROLAND ET AL.

v.

THE CENTERVILLE, MORAVIA & ALBIA R'Y Co. ET AL

Supreme Court of Iowa, Des Moines

June 15, 1883

Appeal from Monroe Circuit Court.

IN this action it is sought to foreclose a mechanic's lien for work and labor performed by the plaintiff in the construction of the Centerville, Moravia & Albia Railroad. There was a trial to the court, and the relief demanded against the railroad company was denied. Plaintiffs appeal.

AFFIRMED.

Perry & Townsend, for appellants.

Baker & Haynes, for appellees.

OPINION

ROTHROCK, J.

The Centerville, Moravia & Albia Railroad Company was duly and legally incorporated at some time prior to the twenty-seventh day of February, 1880. On that day said corporation entered into a written contract with the defendants, Drake & Hill, by which it was agreed that Drake & Hill should build a line of railroad for that company from Centerville to Albia. It appears that this contract was entered into in pursuance of proper authority from the board of directors of the corporation, and that it was signed upon the part of the corporation by the president and secretary, and that it was afterwards, by proper action of the board of directors, duly approved and ratified. We do not find any copy of this contract set out in the record, but it appears to be conceded that by the terms thereof Drake & Hill were to [61 Iowa 381] be paid for building the road by the issuance to them of certain stock and bonds of the company, and the transfer to them of certain local aid taxes which had been voted to the company, and that full payment was to be made to them prior to the completion of the work. It further appears that such payment was made on the nineteenth day of April, 1880.

On the twelfth day of March, 1880, a contract in writing, purporting to have been made between the said railroad company and M. A. Kennedy & Co., was entered into, by which Kennedy & Co. undertook to grade the whole line of road. This contract was signed by Kennedy & Co. and by the other party thereto in these words: "C. M. & A. R. R. Co., by Henry Shaw, chief engineer." Under this contract Kennedy & Co. proceeded to grade the road. They sublet certain parts of the line to the plaintiffs herein, and the work was completed on or about July 7, 1880, at which time the plaintiffs filed their claims for...

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