Kirn v. Champion Iron Fence Co.

Citations

• 86 Va. 608
• 10 S.E. 885
• 1890 Va. LEXIS 19

Syllabus

<p>1. Mechanics’ mens—Contracts.—Under Code 1873, ch. 115, as amended by Acts 1883-84, pp. 636, 637, in action against owner by sub-contractor, whose account is disputed by general contractor, it is not sufficient for sub-contractor to show that he has served his notice and filed his account as provided by sec. 5, but he must also aver and prove that he has complied with his contract with the general contractor under which the materials were furnished.</p> <p>2. Idem—Essence of contract.—In a contract to furnish material for a building “ within sixty days from date of order ” : held, time is of the essence.</p>