Valley Lumber & Manufacturing Co. v. Driessel
Idaho Supreme Court
APPEAL from the District Court of Nez Perce County. Hon. Edgar C. Steele, Judge. , Action to foreclose a mechanic’s lien. Judgment for plaintiff. That the plaintiff had notice of the completion of the first contract when it was finished cannot be doubted when we see from the evidence that four days thereafter, viz., January 20th, it furnished Mr. Morrison with a full statement of his account for lumber used on the job.
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APPEAL from the District Court of Nez Perce County. Hon. Edgar C. Steele, Judge. , Action to foreclose a mechanic’s lien. Judgment for plaintiff. That the plaintiff had notice of the completion of the first contract when it was finished cannot be doubted when we see from the evidence that four days thereafter, viz., January 20th, it furnished Mr. Morrison with a full statement of his account for lumber used on the job. If it has a lien at all, it is only by tacking the porch contract to the house contract and making it a continuous one. As is shown by Mr. Morrison’s testimony, Mr. Driessel,…
1Opinion of the CourtSullivan, J.
This is an action brought to foreclose a materialman’s lien under the provisions of the mechanic’s lien law of this state. One Driessel was the owner of the premises and contracted with one Morrison for the construction of a dwelling-house on the premises described in the complaint. It is alleged in the amended complaint that the plaintiff, who is respondent here, is a corporation organized under the laws of the state of Washington, and doing business in the town of Lewiston, Idaho; that said Driessel is the owner of the premises described in the complaint, and that the defendant Morrison was…
Also in this document: Concurrence.
2Cases cited18 opinions
- Fritts v. PalmerSupreme Court of the United States · 1889
- Katz v. HerrickIdaho Supreme Court · 1906
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
- Wetzel & T. Ry. Co. v. Tennis Bros.Court of Appeals for the Fourth Circuit · 1906
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3Cited by51 opinions
- Billig v. Southern Pacific Co.California Supreme Court · 1923
- Bismark Mountain Gold Mining Co. v. North Sunbeam Gold Co.Idaho Supreme Court · 1908
- Valley Lumber & Manufacturing Co. v. NickersonIdaho Supreme Court · 1907
- Anthes v. AnthesIdaho Supreme Court · 1912
- Barlow's, Inc. v. Bannock Cleaning Corp.Idaho Court of Appeals · 1982
46 more not listed; retrieve them via the Exa API.