Valley Lumber & Manufacturing Co. v. Nickerson
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action by the plaintiff to foreclose a materialman’s lien. Judgment for the plaintiff and defendants appealed.
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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action by the plaintiff to foreclose a materialman’s lien. Judgment for the plaintiff and defendants appealed. Our statute provides that no contract or agreement in the name of or for the use or benefit of a corporation which has not complied with the laws of Idaho, “can be sued upon or enforced in any court of this state” prior to the making of such filings. {Katz v. Herrick, 12 Idaho, 1, 86 Pae. 873.) That being a condition precedent, the fact must be both alleged and proved to…
1Opinion of the CourtAilshie, C. J.
The plaintiff, the Valley Lumber Company, a corporation, furnished to the defendant, Hugh Morrison, who was the original contractor in the construction of a building for the defendant Nickerson, lumber and material necessary for the construction of the building. It is. alleged by the complaint that the material was furnished and delivered at the premises between the twenty-seventh day of February, 1905, and the thirty-first day of May of the same year. The lien was filed on July 28th, following. The lien was therefore filed fifty-eight days after the date on which it is alleged the last…
2Cases cited3 opinions
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
- Katz v. HerrickIdaho Supreme Court · 1906
- Fitch v. HowittOregon Supreme Court · 1898
3Cited by25 opinions
- Pierson v. SewellIdaho Supreme Court · 1975
- Chamberlain v. City of LewistonIdaho Supreme Court · 1912
- Rhine v. StateCourt of Criminal Appeals of Oklahoma · 1958
- Hill v. Twin Falls Salmon River Land & Water Co.Idaho Supreme Court · 1912
- Gallafent v. TuckerIdaho Supreme Court · 1929
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