Bangs v. Berg

• Decision Date: 10 February 1891
• Citation: 48 N.W. 90,82 Iowa 350
• Parties: B. M. BANGS, Appellee, v. O. BERG, Appellant
• Court: Iowa Supreme Court

48 N.W. 90

82 Iowa 350

B. M. BANGS, Appellee, v. O. BERG, Appellant

Supreme Court of Iowa, Des Moines

February 10, 1891

Appeal from Wright District Court.--HON. J. L. STEVENS, Judge.

ACTION in equity to recover an amount alleged to be due for sinking and completing a well, and to foreclose a mechanic's lien therefor. A motion to strike out certain portions of the petition was overruled. A demurrer to the petition was then overruled. The defendant refusing to further plead, a decree was rendered in favor of the plaintiff as prayed. The defendant appeals.

Affirmed.

J. H Scales, for appellant.

Jamison & Secrist, for appellee.

OPINION

ROBINSON, J.

The petition alleges that on the twentieth day of August, 1889 the plaintiff entered into an oral agreement with the defendant to furnish the materials and machinery and labor required for, and to sink and put in, a tubular well, and to place therein a pump; that the tubing for the well was to be of iron, two inches in diameter; that the well was to furnish sufficient water for stock and farm purposes; that for the labor and materials required to be furnished by the plaintiff the defendant agreed to board the hands and team engaged in doing the work, and to pay one dollar for each foot of the depth of the well. The petition further alleges that the plaintiff performed his part of the agreement; that the well was sunk on land owned by the defendant and described, to the depth of one hundred and four feet; that the sinking of the well was commenced on the twentieth day of August, 1889, and that on the twenty-fifth day of September, 1889, the plaintiff filed in the office of the clerk of the district court of Wright county a statement for a mechanic's lien verified by affidavit; that it was a just and true statement and account of his demands; and that the sum of one hundred and fourteen dollars and forty-five cents is due thereon, and unpaid. The statement, of which a copy is attached to the petition, shows a charge against the defendant of one hundred and four dollars for drilling and sinking the well and placing a pump therein, and a further charge of ten dollars and forty-five cents for "board and horse feed" while putting in the well and pump. The demurrer contains numerous grounds, which will be noticed, so far as is necessary, in connection with the arguments of counsel.

I. It seems to be claimed by counsel for the appellant that the statement of account...