Butler County Lumber Co. v. Stieg

Ohio Court of Appeals

Butler County Lumber Co. v. Stieg

178 N.E. 33, 40 Ohio App. 37, 10 Ohio Law. Abs. 350, 1931 Ohio App. LEXIS 474

CourtOhio Court of Appeals

DecidedMay 4, 1931

Docket495

StatusPublished

This text of 178 N.E. 33 (Butler County Lumber Co. v. Stieg) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butler County Lumber Co. v. Stieg, 178 N.E. 33, 40 Ohio App. 37, 10 Ohio Law. Abs. 350, 1931 Ohio App. LEXIS 474 (Ohio Ct. App. 1931).

Pincite

Opinion

ROSS, PJ.

Without reviewing the evidence at length, it is plain that the owner had taken possession of the premises long before the purchase of the door stops, and that these-in no way constituted a furnishing of material under the contract.

There is evidence that the husband of the owner offered to pay cash for the “stops,” but was told by the lienholder’s employes that they would charge it to the contractor. This evidence is denied it is true, but all the circumstances surrounding the incident indicate that the lien holder seized upon the small, insignificant purchase of these stops to extend the time for filing its lien which had long since passed.

The lien, not having been filed within sixty days from the last item of the account of material furnished under the contract, the lien holder must fail in maintaining its lien against the property of the owner.

A decree similar to that entered in the Court of Common Pleas may be presented here.

HAMILTON and CUSHING, JJ, concur.

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