Legal Opinion

Lichty v. Houston Lumber Co.

Supreme Court of Colorado

Decided January 15, 1907No. 5235; No. 2857 C. APublishedCited by 10 opinions

Appeal from the District Court of El Paso County. Hon. Louis W. Cunningham, Judge. Action by George M. Houston, doing business as Tbe Houston Lumber Company, to enforce a mechanic’s lien. From a judgment foreclosing tbe lien, Mablon Licbty appeals.

1Opinion of the CourtJustice Bailey

One James Cain contracted with appellant' to construct two houses, Cain to furnish the material. He purchased the material from appellee, and failed to pay for it. These houses were close together, and the amount of material which went into each house could not be separated from the entire bill. According to the original plans, it appears that there were to be no mantels or grates.

Some time during the month of May, the owner of the buildings concluded that he would make some alteration in the plans, and put in a mantel.

Appellant says, in his testimony, that, upon the 25th of June he accepted…

2Cases cited3 opinions

  1. Stidger v. McPheeColorado Court of Appeals · 1900
  2. Coss v. MacDonoughCalifornia Supreme Court · 1896
  3. Weyerhaeuser v. FraimSupreme Court of Kansas · 1895

3Cited by10 opinions

  1. Milliken Bros., Incorporated v. . City of N.Y.New York Court of Appeals · 1911
  2. Wilcox v. ClowardUtah Supreme Court · 1936
  3. American Fac. Assoc., Ltd. v. Triangle Heat. & Sm Co.Colorado Court of Appeals · 1972
  4. Curtis v. NunnsSupreme Court of Colorado · 1913
  5. Curtis v. McCarthySupreme Court of Colorado · 1912

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