Legal Opinion

West v. Pinkston

Utah Supreme Court

Decided January 30, 1914No. 2505PublishedCited by 5 opinions

- Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action by C. West against E. M. Pinkston and Mary L. Albaugh to foreclose a mechanic’s lien. Judgment for plaintiff for partial relief. Plaintiff appeals.

1Opinion of the CourtFrick, J.

This was an action by a subcontractor to foreclose a mechanic’s lien. The complaint was directed against the original contractor and the owner of the premises, and is in the usual form in such actions. The contractor answered the complaint, but his answer is not material here and will not be further noticed. The owner of the premises, who is the respondent here, also answered the complaint, setting up two *125■defenses, one negative and the other affirmative; the latter being in the nature of an estoppel. The case was tried to the court, who made findings of fact and conclusions of law ■against…

2Cases cited5 opinions

  1. Russell v. BerryMichigan Supreme Court · 1883
  2. Green Bay Lumber Co. v. ThomasSupreme Court of Iowa · 1898
  3. Chilton v. LindsayMissouri Court of Appeals · 1889
  4. Cote Brilliant Pressed Brick Co. v. SadringMissouri Court of Appeals · 1896
  5. Frohlich v. AshtonMichigan Supreme Court · 1910

3Cited by5 opinions

  1. JP Koch, Inc. v. JC Penney Company, Inc.Utah Supreme Court · 1975
  2. G. R. Sponaugle & Sons, Inc. v. McKnight Construction Co.Superior Court of Delaware · 1973
  3. Detroit Graphite Co. v. CarneySupreme Court of Oklahoma · 1935
  4. Stewart Lumber Co. v. Unique Home Builders, Inc.Washington Supreme Court · 1931
  5. Hutchison Bros. Excavating v. DwormanDistrict of Columbia Court of Appeals · 1973

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