France Slag Co. v. Warrick
France Slag Co. v. Warrick
Opinion of the Court
The Fleming, Hahn & Platt Company entered into a contract with the trustees of Middleton township, Columbiana county, Ohio, for the improvement of a certain road designated as the Rogers-Clarkson road, and at the same time entered into a separate contract for the improvement of a road designated as the Negley, Anchor-East Palestine road, but usually referred to as the Negley-Anchor road.
The contractor, The Fleming, Hahn & Platt Company, procured from The France Slag Company and The Standard Slag Company material for the purpose of making these improvements, each of which companies thereafter attempted to perfect a lien upon the funds in the hands of the township
The primary question involved in this case, however, is the validity of the liens attempted to be asserted by the plaintiffs. Thq plaintiffs in the preparation of their liens treated the two roads as one, and nowhere is there to be found any statement as to the amount or value/of the material furnished for either of said roads. The fact that they were being constructed under separate and independent contracts was disregarded. The funds to pay therefor were necessarily provided. from separate and distinct sources, and the fund of neither road could be burdened with the cost of the construction of the other. Not only is it impossible to ascertain from the statement filed for the purpose of - perfecting a lien, or from the affidavit supporting the same, the amount or value of the material furnished for either of said roads, but, if we assume
For that reason the judgment of the court of appeals must be affirmed.
Judgment affirmed.
Reference
- Full Case Name
- The France Slag Co. v. Warrick The Standard Slag Co. v. Warrick
- Status
- Published
- Syllabus
- Mechanics’ Kens — ■Statements and affidavits insufficient, when— Materials furnished for two roads — Constructed under separate contracts — Effect of failure to distinguish between improvements— Payments by township trustees to principal contractor.