Wheeler v. Floral Mill & Mining Co.
Nevada Supreme Court
Appeal from tbe District Court of tbe Seventh. Judicial District, Lincoln County. This was an action commenced by Frank Wheeler and George W. Arnold, composing tbe firm of Frank Wbeeler & Co., against tbe defendant, for tbe purpose of foreclosing a mecbanic’s lien for hardware, sold and delivered, amounting to seventeen hundred dollars and upwards. A number of other lien-bolders intervened and set up tlieir claims.
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Appeal from tbe District Court of tbe Seventh. Judicial District, Lincoln County. This was an action commenced by Frank Wheeler and George W. Arnold, composing tbe firm of Frank Wbeeler & Co., against tbe defendant, for tbe purpose of foreclosing a mecbanic’s lien for hardware, sold and delivered, amounting to seventeen hundred dollars and upwards. A number of other lien-bolders intervened and set up tlieir claims. The decree was in favor of tbe plaintiffs and intervenors foreclosing tbe respective liens; but in tbe case of tbe plaintiffs’ claim there was a set-off of one thousand dollars…
1Opinion of the Court
By the Court,
Hawley, J.:
Respondent is a corporation, and in this action claimed and obtained an offset of $1,000 against the mechanic’s lien sought to be foreclosed by appellants. The agreement under which the offset was claimed and allowed, reads as follows:
“ Whereas it has been proposed to build a quartz mill at Pioche; Lincoln County, State of Nevada, (to be situated within the limits of said town of Pioche) the capacity of said mill being ten stamps with furnace, all complete in working order; and whereas, it is proposed to have the citizens of Pioche, *257whether in their capacity as miners,…
2Cases cited4 opinions
- Burnett v. StearnsCalifornia Supreme Court · 1867
- Barron v. FrinkCalifornia Supreme Court · 1866
- Dalrymple v. LaumanCourt of Appeals of Maryland · 1865
- Machias Hotel Co. v. CoyleSupreme Judicial Court of Maine · 1853
3Cited by2 opinions
- Wheeler v. Floral Mill & Mining Co.Nevada Supreme Court · 1875
- Gulling v. Washoe County BankNevada Supreme Court · 1907