Clark v. Hall
Supreme Court of Kansas
Error from Cherokee District Cov/rt. Action brought by Clark to recover for a bill of lumber used in constructing a barn upon certain city lots owned by defendant, H. B. Hall, and to enforce a mechanic’s lien therefor. The petition alleged a sale of the lumber to defendants, under a contract made personally with T. W. Hall, the husband, to be used in said barn, etc. The defendants denied the alleged contract, and denied the purchase of said lumber by them or either of them.
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Error from Cherokee District Cov/rt. Action brought by Clark to recover for a bill of lumber used in constructing a barn upon certain city lots owned by defendant, H. B. Hall, and to enforce a mechanic’s lien therefor. The petition alleged a sale of the lumber to defendants, under a contract made personally with T. W. Hall, the husband, to be used in said barn, etc. The defendants denied the alleged contract, and denied the purchase of said lumber by them or either of them. The facts are sufficiently stated in the opinion of the court. The case was tried at the July Term 1871, of the district…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
i Reviewing testimony. Facts admitted,held conclusive. Plaintiff brought suit to foreclose a mechanic’s lien. Judgment was entered for defendants. Plaintiff claims that this was contrary to the evidence, but as ^ recor(j faiis f¡0 g^y that all the evidence is before us, how can we know that it was? See opinion in case of Smith v. Gill decided at the present term, (ante, p. 74,) and cases there cited. It is however insisted that upon the record it appears that certain facts were admitted, and that upon such admitted facts the plaintiff was…
2Cases cited1 opinion
- Rose v. WilliamsSupreme Court of Kansas · 1870
3Cited by3 opinions
- Delahay v. GoldieSupreme Court of Kansas · 1876
- Swift v. Board of SupervisorsCalifornia Court of Appeal · 1911
- Hopkins v. WatsonSupreme Court of Kansas · 1903