Ellis v. Brisacher
Utah Supreme Court
Appeal from a judgment of tbe district court of tbe third district, and from an order refusing a new trial. Tbe opinion states tbe facts, except tbe following: § 1060, 2 Comp. Laws, 1888 (wbicb was in force when tbe labor was performed),, provided that if tbe persons wlio caused tbe building, improvement, or structure to be constructed, altered, or repaired, owned less than a, fee-simple estate in such land, then only his interest therein is subject to such lien.
1Opinion of the Court
MINER, J.:
From the facts of this case, as found by the trial court, it appears that about 1888 defendant Brisacher was the owner of the property known as “ St. Elmo Hotel,” at Salt Lake City, and that he then leased the same to defendant Porter for the term of five years, at the monthly rent of $600, to be paid in advance; the term to commence May 1, 1888. The lessee covenanted to keep the premises in good repair, and in case of default the lessor was to have the right ef re-entry. Porter entered into possession, and about May 2, 1888, employed plaintiff, Ellis, by verbal contract, to make…
2Cases cited5 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Blauvelt v. . WoodworthNew York Court of Appeals · 1865
- Cornell v. . BarneyNew York Court of Appeals · 1884
- Meehan v. WilliamsNew York Court of Common Pleas · 1868
3Cited by3 opinions
- Richards v. SandersonSupreme Court of Colorado · 1907
- Buehner Block Company v. GlezosUtah Supreme Court · 1957
- National Lumber Co. v. HobbsIndiana Court of Appeals · 1920