Steel v. Argentine Mining Co.
Idaho Supreme Court
APPEAL from District Court, Shoshone County. This suit having been commenced in August, 1892, the provisions of title 4, sections 5125 to 5139, inclusive, of the Revised Statutes, constitute the law, then in force, applicable to the case at bar.
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APPEAL from District Court, Shoshone County. This suit having been commenced in August, 1892, the provisions of title 4, sections 5125 to 5139, inclusive, of the Revised Statutes, constitute the law, then in force, applicable to the case at bar. To entitle Receiver Steel to enforce a lien against the property of the defendant company for material furnished, he must not only allege and prove that the machinery and materials were used in the construction, alteration or repair ■of said claim, but that they were by the express terms of his ■contract with the Argentine Mining Company, furnished to…
1Opinion of the CourtHuston, J.
On the eleventh day of November, 1891, the appellant corporation was the owner of certain mining property situated in Shoshone count}’-, Idaho, and on that day made and entered into the following contract, in writing, with one John H. Davey and Frank J. Davey (Exhibit “A”) :
“This agreement, made and entered into this eleventh day of November, 1891, by and between the Argentine Mining Company, a corporation, duly organized and existing under the laws of the state of Oregon, party of the first part, and John H. Davey and Frank J. Davey, of Wardner, Idaho, parties of the second part, witnesseth:…
2Cases cited4 opinions
- Settle v. WintersIdaho Supreme Court · 1886
- Block v. MurrayMontana Supreme Court · 1892
- White v. MullinsIdaho Supreme Court · 1892
- Eaman v. Bashford & BurmisterArizona Supreme Court · 1894
3Cited by6 opinions
- Faber v. MuirCourt of Appeals of Texas · 1901
- Hicks v. FaustTexas Supreme Court · 1919
- Nicholson v. SmithIdaho Supreme Court · 1918
- Poynter v. FargoIdaho Supreme Court · 1929
- Riggen v. PerkinsIdaho Supreme Court · 1926
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