60 Iowa 136 | Iowa | 1882
— The defendant, Orison, as principal contractor, entered into an oral contract with the defendant Oard to erect a building on real estate owned by the latter for the sum of $530. Orison was to furnish all the materials. Oard paid $150 at the time the contract was made, and agreed to pay the residue as the work progressed. He subsequently paid the contract price in accordance with the contract. Orison procured of plaintiffs the materials for the erection of the building and is indebted to them therefor. Within thirty days after the materials were furnished, but not until Oard had paid Orison, as above stated, the requisite statutory notice was served claiming the lien. One close question is whether Oard before making the last payments had knowledge that Orison had procured the materials of the plaintiffs. We find the fact to be that he did have such knowledge. But the evidence fails to show that the materials had been purchased on credit, and had not been paid for.
This case differs from Stuart & Hayden v. Wright, 52 Iowa, 335. In that case the defendant had no knowledge of any arrangements made by the principal contractor for the materials with which the building was erected. The case before us also differs from Winter & Co. v. Hudson, 54 Iowa, 336, and Gilchrist v. Anderson, 59 Iowa, 274. In both of these cases the contract was in writing, and the right was reserved therein by the defendants to pay any mechanics liens that should be 'claimed. In the case last cited the defendant
Reversed.