Woodward v. McLaren

• Decision Date: 19 March 1885
• Docket Number: 11,379
• Citation: 100 Ind. 586
• Parties: Woodward et al. v. McLaren
• Court: Indiana Supreme Court

100 Ind. 586

Woodward et al. v. McLaren

No. 11,379

Supreme Court of Indiana

March 19, 1885

From the Marshall Circuit Court.

The judgment is affirmed, with costs.

A. C Capron, for appellants.

J. D McLaren, for appellee.

OPINION

Niblack J.

This was an action to enforce what was claimed to be a lien for material furnished for the repair of a house. Upon the pleadings there was final judgment upon demurrer for the defendant.

The facts, as they are either expressly or impliedly admitted by the pleadings, may be summarized as follows: On the 21st day of July, 1882, one Perkins entered into a written agreement with Susan McLaren, the defendant, for the repair of a dwelling-house belonging to the latter, and situate on the east half of lot No. 46, in the city of Plymouth, in Marshall county, by which it was agreed that Perkins should, within thirty-five days thereafter, do certain specified repairs upon the house for the gross sum of two hundred dollars, to be paid upon the completion of the work, he to furnish all the materials necessary for the repairs thus agreed to be made. On the day following Perkins contracted with Norman S. Woodward and John B. Chambers, partners doing business under the firm name of Norman S. Woodward & Co., for all the brick necessary to be used in repairing the house under his contract with Mrs. McLaren. In pursuance of their contract with Perkins, Norman S. Woodward & Co. soon afterwards delivered to him brick, amounting in value to the sum of $ 49.35, which were used by him in making the repairs upon the house which he had undertaken to make. Upon the completion of the repairs on the house, which was accomplished within the time limited for their completion, Mrs. McLaren paid to Perkins the sum of $ 200, which was understood to be in full of all the work done and materials furnished by him. Perkins having failed to pay Woodward & Co. for the brick which were put into the house, the latter demanded payment of Mrs. McLaren, which was refused. They thereupon, on the 26th day of August, 1882, filed a notice in the recorder's office of Marshall county of their intention to hold a lien on the house and lot on which it stands for the value of the brick, which notice was duly recorded in the proper mechanics' lien record.

Woodward & Chambers, claiming to have thus acquired a lien upon the house and lot, brought this action against Mrs. McLaren to enforce their claim against the property, and the circuit...