Boise Lumber Co. v. Independent School District
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Raymond L. Givens, Judge. Action to foreclose mechanic’s lien. Judgment for plaintiff. “All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could then be obviated by him, are waived by the creditor, if not then stated.”
Read the full summary
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Raymond L. Givens, Judge. Action to foreclose mechanic’s lien. Judgment for plaintiff. “All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could then be obviated by him, are waived by the creditor, if not then stated.” (C. S., see. 5672; Smith v. Old Dominion Building ■ The court erred in finding that the plaintiff was entitled to any claim or lien against the school building, and that the alleged lien of…
1Opinion of the CourtBudge', C. J.
This action was brought by respondent to recover from appellants the reasonable value of lumber alleged to have been delivered between May 21, 1919, and June 10, 1919, to appellant Abercrombie, and to foreclose a mechanic’s lien upon a school building of appellant school district, in the construction of which the lumber was used, together with interest, costs of filing the lien, attorneys’ fees and costs of suit. To the complaint an answer, cross-complaint and counterclaim were filed. Appellants, by their answer, deny that they agreed to pay a reasonable value for the lumber but affirmatively…
2Cases cited15 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Loughborough v. McNevinCalifornia Supreme Court · 1887
- Moynahan v. MooreMichigan Supreme Court · 1860
- Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
- In re the Estate of RoseCalifornia Supreme Court · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mitchell v. FlandroIdaho Supreme Court · 1972
- Harding v. Home Investment & Savings Co.Idaho Supreme Court · 1930
- Steinour v. Oakley State BankIdaho Supreme Court · 1928
- Lus v. PecararoIdaho Supreme Court · 1925
- Dohrman v. TomlinsonIdaho Supreme Court · 1965
4 more not listed; retrieve them via the Exa API.