Montana Lumber & Manufacturing Co. v. Obelisk Mining Concentrating Co.
Montana Supreme Court
Appeal from Fifth Judicial District, Jefferson County. Action to foreclose mechanic’s lien. The cause was tried before Showers, J. Decree for plaintiff. The answers stated a defense to the right of plaintiff to a lien. (Pelton v. Minah Con. Min. Co., 11 Mont. 281; Bloch v. Murray, 12 Mont. 545.) Under the Montana statute no contract of a tenant can give the right of lien.
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Appeal from Fifth Judicial District, Jefferson County. Action to foreclose mechanic’s lien. The cause was tried before Showers, J. Decree for plaintiff. The answers stated a defense to the right of plaintiff to a lien. (Pelton v. Minah Con. Min. Co., 11 Mont. 281; Bloch v. Murray, 12 Mont. 545.) Under the Montana statute no contract of a tenant can give the right of lien. (Act of March 9, 1887, § 3, Extra Session 1887, p. 71.) In this case the plaintiff cannot claim that he has been misled by the fact of finding the defendant, Obelisk Mining and Concentrating Company, in possession of the…
1Opinion of the CourtHarwood, J.
— Both parties to this action appeal, and assign certain alleged errors in the adjudication thereof. Those assigned on the part of defendants will be first considered.
The object of the action is to obtain judgment in favor of plaintiff against the Obelisk Mining and Concentrating Company, defendant, upon a demand in the sum of two thousand six hundred and two dollars and seventy-one cents, for building material and machinery alleged to have been purchased from plaintiff, and used by said company in the construction of a certain shaft-house, ore-liouse, office building, and a five-*23stamp…
2Cases cited2 opinions
- Pelton v. Minah Consolidated Mining Co.Montana Supreme Court · 1891
- Block v. MurrayMontana Supreme Court · 1892
3Cited by15 opinions
- Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
- Vonica v. Unknown Foreign & Non-Resident Heirs of Eli StoianMontana Supreme Court · 1960
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Johnson v. Puritan Mining Co.Montana Supreme Court · 1896
- In Re Stoian's EstateMontana Supreme Court · 1960
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