L. W. Blinn Lumber Co. v. Pioneer Drainage District

As claimed by appellants, this action is brought to establish and foreclose a lien, and for the recovery of the sum of $241.19.

The defendant drainage district, a public corporation, entered into a contract with one J. W. McAllister, Sr., for the construction of a drainage ditch, the construction work being thereafter sublet by McAllister to A. H. Hobart, one of the defendants here. Plaintiff, between the dates of September 2, 1913, and October 30, 1913, furnished lumber to Hobart to be used—and part of it was so used—in the construction of a bridge over the ditch, the same becoming a permanent part of the ditch as planned. The balance of the lumber so furnished was used for “skids” over which the dredger which was employed in digging the ditch was moved and rolled in such a manner that this portion of the lumber was wholly consumed, being “reduced to splinters in the opera tion. ” The value of the lumber so furnished and used was $235.86, which indebtedness Hobart has not liquidated.

In January and May, both of the year 1914, plaintiff served upon the defendant corporation, by delivery to its president, documents purporting to be the usual stop notices, in an attempt to comply…