Cary-Lombard Lumber Co. v. Partridge
Utah Supreme Court
Appeal from the District Court of the Third Judicial District, Hon. George W. Bart eh, Judge. Action by the Cary-Lombard Lumber Company against Charles Sheets and Thomas W. Partridge to foreclose a mechanic's lien. From a judgment ior plaintiff, defendants appeal.
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Appeal from the District Court of the Third Judicial District, Hon. George W. Bart eh, Judge. Action by the Cary-Lombard Lumber Company against Charles Sheets and Thomas W. Partridge to foreclose a mechanic's lien. From a judgment ior plaintiff, defendants appeal. The opinion states the facts except that no notice of intention to hold and claim a lien before furnishing any material had been served or filed by the plaintiff under § 12, Session Laws 1890, ch. 30. Also it may be added that section 15 of the act provides that upon filing and serving either of the statements described in sections…
1Opinion of the Court
MINER, J.-:
In this case it appears that the appellant Partridge, having a contract interest in land belonging to one Elmira Shearman, contracted with Charles Sheets, the contractor, by which Sheets was to furnish material and build a house upon 'the premises, for which Sheets was to receive 12,200, in -certain payments, as the building progressed. Elmira Shearman held the legal title to the land, and Partridge was in possession under contract of purchase. Elmira Shearman, furnished Partridge $2,200, with which to build the house, and, when paid for, Partridge was to receive the legal title.…
2Cases cited2 opinions
- Morrison v. Carey-Lombard Co.Utah Supreme Court · 1893
- Teahen v. NelsonUtah Supreme Court · 1890
3Cited by12 opinions
- Buckle v. Ogden Furniture & Carpet Co.Utah Supreme Court · 1923
- Fields v. Daisy Gold Mining Co.Utah Supreme Court · 1902
- Culmer v. CliftUtah Supreme Court · 1896
- Langton Lime & Cement Co. v. PeeryUtah Supreme Court · 1916
- Sierra Nevada Lumber Co. v. WhitmoreUtah Supreme Court · 1901
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