Sierra Nevada Lumber Co. v. Whitmore
Utah Supreme Court
Action to foreclose a mechanic’s lien. From a decree awarding to the lumber company a lien for $197.51 and ordering a sale of certain real'estate to satisfy the same, defendant Whitmore appealed. Where the contract for furnishing materials is not made by the owner himself or his duly authorized agent, but by the principal contractor, the materialman can recover from the owner only the fair market value at the time.
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Action to foreclose a mechanic’s lien. From a decree awarding to the lumber company a lien for $197.51 and ordering a sale of certain real'estate to satisfy the same, defendant Whitmore appealed. Where the contract for furnishing materials is not made by the owner himself or his duly authorized agent, but by the principal contractor, the materialman can recover from the owner only the fair market value at the time. Upon this point there does not seem to be any conflict in the authorities. The principle upon which the mechanic or materialman is given a lien is that he has enhanced the value of…
1Opinion of the CourtBaskin, J.
This is an action to foreclose a mechanic’s lien. The appeal is upon the judgment roll from a decree awarding to the Sierra Nevada Lumber Company, respondent, a lien for $197.51 and costs on certain real estate of the appellant, and ordering a sale of the same to satisfy the lien.
The trial court found: “That on or about the thirty-first day of August, A. ,D. 1899, the defendant, Samuel M. Whit-more, who was the owner of an interest in the property described in the complaint, entered into a contract with the defendant, J. F. McLachlan, for the erection by said McLachlan for said Whitmore and…
2Cases cited3 opinions
- Laird v. MoonanSupreme Court of Minnesota · 1884
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- Cary-Lombard Lumber Co. v. PartridgeUtah Supreme Court · 1894
3Cited by7 opinions
- Dugger v. CoxUtah Supreme Court · 1977
- Great Western Sugar Co. v. F. H. Gilcrest Lumber Co.Colorado Court of Appeals · 1913
- Utah Savings and Loan Association v. MechamUtah Supreme Court · 1960
- Great Western Sugar Co. v. F. H. Gilcrest Lumber Co.Colorado Court of Appeals · 1913
- Zions First National Bank, N.A. v. Christiansen Bros. (In Re Davidson Lumber Sales, Inc.)District Court, D. Utah · 1993
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