Urich v. McPherson
Idaho Supreme Court
APPEAL from tbe District Court of the Second Judicial District for the County of Idaho. Hon. Edgar C. Steele, Judge. Action to recover on an alleged warranty the amount paid to relieve the property involved from mechanics’ or laborers’ liens. Judgment for plaintiff.
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APPEAL from tbe District Court of the Second Judicial District for the County of Idaho. Hon. Edgar C. Steele, Judge. Action to recover on an alleged warranty the amount paid to relieve the property involved from mechanics’ or laborers’ liens. Judgment for plaintiff. If the theory of the plaintiff is correct that under the facts the warranty in his deed bound him, there were no liens or claims on the lots for which he or McPherson were responsible or for which there could be a foreclosure of the lien. (Steel v. Argentine Min. Go., 4 Ida. 505, 95 Am. St. 144, 42 Pac. 585.) The implied covenants…
1Dissent
MORGAN, J.,
Dissenting. — I dissent from the conclusion reached by the majority of the court in this case and find myself entirely unable to follow the reasoning employed in reaching it.
Both the appellants and the respondent fully understood that the improvements which had been made for which the liens were subsequently filed had not been paid for at the time of the execution and delivery of the deed from McPherson and wife to Urich, and they all erroneously believed the time for filing such liens had expired. The record discloses nothing from which it may be inferred that any of the parties…
2Cases cited2 opinions
- Polak v. MattsonIdaho Supreme Court · 1912
- Young v. StampflerWashington Supreme Court · 1902