C. A. Dunham Co. v. Sheffield Realty Co.
C. A. Dunham Co. v. Sheffield Realty Co.
Opinion of the Court
This bill was filed to enforce a lien for the price of a heating system furnished by appellant to appellee for appellee’s hotel building in the city of Sheffield. Defendant pleaded the statute of limitation of six months (section 4777 of the Code), and upon that plea complainant’s bill was dismissed.
Complainant’s contract' obligation ended with the delivery of the heating apparatus, which was to be installed by defendant. All parts — save one small item, to be noted hereafter- — were delivered to a carrier in March, 1918. Complainant contends that its account did not fall due until November, and its witness testifies, in general terms, that “the whole of the account became due and payable about November 1, 1918.” But in the same connection he says:
“There was no specific agreement relative to the date on which the account should be paid further than an understanding at the time of taking the order that the material would be paid for when it was connected up with the building.”
The invoice shows the price to have been $2,538, and that payment was expected at 80 days, and it appears without contradiction that on August 16, 1918, defendant on complainant’s request executed its promissory note for the amount stated above, payable 60 days after date, with J. W. Worthington as surety. This note is explained by complainant’s witness in this language:
“The building progressed very slowly — much slower than was anticipated — and about the middle of August, 1918, complainants thought their accounts for material should be paid without waiting until the completion of the building, and the Sheffield Realty Company then agreed that it would make payment for the goods already shipped on October 16, 1918. This was the only agreement made with reference to the maturity or accrual of the indebtedness for said material.”
This hill was filed Feburary 7, 1919, seeking a lien for the sum of $2,542.85.
In October, 1918, when that part of the installing process was reached, it was discovered that a flange — known as a “companion flange,” an indispensable.part of the rotary vacuum pump which was an essential part of the heating system — was missing, and to supply this flange, pirice $4.85, defendant gave and complainant tilled a new order, October 16, 1918, and upon the new order complainant seems to base its contention that materials were furnished on a single continuing contract which was not completed until October, and hence that its bill in this cause was filed, to quote the statute, “within six months after the maturity of the entire indebtedness.”
We conclude therefore that the decree in the trial court was free from error.
Affirmed.
Reference
- Full Case Name
- C. A. DUNHAM CO. v. SHEFFIELD REALTY CO. Et Al.
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- 2 cases
- Status
- Published