Hopkins v. Cleveland & Pittsburgh Coal Co.

Citations

• 33 Ohio C.C. Dec. 181
• 18 Ohio C.C. (n.s.) 524

Syllabus

<p>PAYMENTS</p> <p>Buyer Bound by Application of Payments Made by the Seller.</p> <p>Upon a single contract for 10,000 barrels of cement to be delivered at one place, by direction of the buyer shipments of part were made to different places where it went into buildings and for which, by reason of the failure of the buper, the seller was obliged to file mechanic’s liens, whereupon it applied previous payments on the entire contract in its discretion, upon the several liens, having no direction from the buyer as to the application of payments. In an action against one who had assumed one of the contracts where the buyer had used cement for which a lien had been filed, Held: It was bound by the application of payments made by the seller.</p>