Tabor v. Armstrong
Supreme Court of Colorado
Appeal from, and writ of error to, District Court of Arapahoe County. Armstrong, as subcontractor, brought a mechanic’s lien suit against Cook as original contractor, and also against Tabor as owner of the property upon which the labor was performed and materials furnished.
Read the full summary
Appeal from, and writ of error to, District Court of Arapahoe County. Armstrong, as subcontractor, brought a mechanic’s lien suit against Cook as original contractor, and also against Tabor as owner of the property upon which the labor was performed and materials furnished. Armstrong claimed certain damages for enforced idleness and extra expense in consequence; also for work on the building caused by the delay, default and negligence of Cook, as well as compensation for the labor performed in the immediate work of placing the stone in position. Cook made default, and a personal judgment was…
1Opinion of the CourtHelm, J.
Two questions are presented by the records and arguments in these cases: First, is the expression “due or to become due under the contract,” used in section 1657 of the General Laws, confined to moneys due or to become due for labor or materials furnished previous to the service of the statutory notice by the subcontractor upon the owner, or does the subcontractor’s lien notice entitle him to be paid out of moneys that may become due the contractor for labor performed or materials furnished by other employees or material-men subsequent to the date of such notice, but under the same principal…
2Cases cited4 opinions
- Barnard v. McKenzieSupreme Court of Colorado · 1878
- Taggard v. BuckmoreSupreme Judicial Court of Maine · 1856
- Houghton v. BlakeCalifornia Supreme Court · 1855
- Jensen v. BrownSupreme Court of Colorado · 1875
3Cited by6 opinions
- Siebrecht v. HoganWisconsin Supreme Court · 1898
- Arkansas Fuel Oil Co. v. McDowellSupreme Court of Oklahoma · 1926
- Cleveland v. HightowerSupreme Court of Oklahoma · 1925
- Great Western Sugar Co. v. F. H. Gilcrest Lumber Co.Colorado Court of Appeals · 1913
- Terry v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.