Goodrich Lumber Co. v. Davie
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Action on an account and to foreclose mechanic’s lien. Judgment on demurrer was rendered for the defendants below by Benton, J. Statement of facts prepared by the judge delivering the opinion. By this action it is sought to obtain a judgment for an accouut, and to foreclose a lien for lumber and material for a building, supplied by the plaintiff. The defendant Gelsthorpe is the owner.
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Appeal from Eighth Judicial District, Cascade County. Action on an account and to foreclose mechanic’s lien. Judgment on demurrer was rendered for the defendants below by Benton, J. Statement of facts prepared by the judge delivering the opinion. By this action it is sought to obtain a judgment for an accouut, and to foreclose a lien for lumber and material for a building, supplied by the plaintiff. The defendant Gelsthorpe is the owner. The defendaut Davie is the contractor with the owner for the construction of the building, and the person to whom the material was sold. The defendant Welch…
1Opinion of the CourtDe Witt, J.
A recent case in Indiana (1890) says: “The principle drawn from the authorities seems to be this. That a description in a notice of lien cannot be supplied by oral evidence, but that an ambiguity may be explained, and the premises identified.” (McNamee v. Rauck, 128 Ind. 59.) The description in the notice of lien in the case at bar is not defective, or insufficient, or uncertain. It does not come within the class of eases where descriptions of such a nature have been allowed to be helped by averment. The description of the ground is perfectly definite and certain. The only difficulty is that…
2Cases cited5 opinions
- Northwestern Cement & Concrete Pavement Co. v. Norwegian-Danish Evangelical Lutheran Augsburg SeminarySupreme Court of Minnesota · 1890
- McNamee v. RauckIndiana Supreme Court · 1891
- Scholes & Goodall v. Hughes & BoswellTexas Supreme Court · 1890
- Strawn v. CogswellIllinois Supreme Court · 1862
- Brown v. La Crosse City Gas Light & Coke Co.Wisconsin Supreme Court · 1863
3Cited by17 opinions
- Donovan v. McDevittMontana Supreme Court · 1907
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Lus v. PecararoIdaho Supreme Court · 1925
- Western Plumbing Co. v. FriedMontana Supreme Court · 1905
- Midland Coal & Lumber Co. v. FergusonMontana Supreme Court · 1921
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