Teahen v. Nelson
Utah Supreme Court
Appeal from a judgment of tbe district court of tbe first district. Tbe demurrer to tbe complaint was general, that tbe complaint did not state facts sufficient to constitute a cause of action. Tbe demurrer was sustained and plaintiff electing to stand thereon, judgment was entered and plaintiff appealed.
1Opinion of the Court
Zane, C. J.:
Tbe appellant filed bis complaint in tbe district court, in wbicb be alleged, in substance, that tbe respondent was tbe owner of tbe lot described; that he made a contract with one Y. H. Harding to erect a building thereon; that, in pursuance of a contract with the latter, appellant performed labor on tbe building to tbe amount of $207, no part of wbicb bad been paid; that he served on respondent notice of tbe amount due him as such sub-contractor, and also filed for record bis claim, as required by tbe statute. The usual prayer was added, and tbe action was commenced within…
2Cited by3 opinions
- Cary-Lombard Lumber Co. v. PartridgeUtah Supreme Court · 1894
- Morrison v. Carey-Lombard Co.Utah Supreme Court · 1893
- Morrison v. Inter-Mountain Salt Co.Utah Supreme Court · 1896