Colorado Iron Works v. Riekenberg
Idaho Supreme Court
APPEAL from District Court, Owyhee County. This is an action brought for the purpose of foreclosing a lien on a certain quartz-mill and the land upon which the mill is situated in Owyhee county, Idaho, under the provisions of an act to secure liens for mechanics, laborers, materialmen and other persons.
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APPEAL from District Court, Owyhee County. This is an action brought for the purpose of foreclosing a lien on a certain quartz-mill and the land upon which the mill is situated in Owyhee county, Idaho, under the provisions of an act to secure liens for mechanics, laborers, materialmen and other persons. The defendant seems to rely on decisions of the supreme court of California, where, under the peculiar provisions of the law of that state, the court holds that materialmen are not original contractors, particularly Sparlcs v. Butte County etc. Min. Co., 55 Cal. 389. The law of California…
1Opinion of the CourtHuston, C. J.
The plaintiff, a corporation, made a contract with defendant, who is the owner of a certain mining claim situate in Owyhee county, Idaho, to furnish him certain machinery to be used in the construction of a quartz-mill upon or adjacent to said mining claim. By the terms of said contract the machinery was to be paid for upon delivery. The machinery was furnished according to contract, and was used in the construction of the said mill. The machinery was delivered and accepted on the twenty-first day of June, 1893. On the twenty-second day of July of same year plaintiff filed its notice of lien…
2Cases cited5 opinions
- Matthews v. Wagenhaeuser Brewing Ass'nTexas Supreme Court · 1892
- Hearne v. Chillicothe & Brunswick RailroadSupreme Court of Missouri · 1873
- McLaughlin v. HartCalifornia Supreme Court · 1873
- Wisconsin Planing Mill Co. v. GramsWisconsin Supreme Court · 1888
- Merch. & Mech. Savings Bank of Norfolk v. DashiellSupreme Court of Virginia · 1874
3Cited by6 opinions
- Gem State Lumber Co. v. WittyIdaho Supreme Court · 1923
- Jordan v. Natrona Lumber Co.Wyoming Supreme Court · 1938
- Freidenbloom v. Pecos Valley Lumber Co.New Mexico Supreme Court · 1930
- Salt Lake Hardware Co. v. Chainman Mining & Electric Co.U.S. Circuit Court for the District of Nevada · 1904
- Gray v. New Mexico Pumice Stone Co.New Mexico Supreme Court · 1910
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