Rogers-Templeton Lumber Co. v. Welch
Montana Supreme Court
Appeal from District Court, Chouteau County; John W. Tattan, Judge. Action by tbe Bogers-Templeton Lumber Company against W. D. Welch, doing business under the firm name and style of W. D. Welch & Co., and others. From a judgment denying plaintiff a materialman’s lien for materials furnished, and from a personal judgment against defendant Welch, plaintiff appeals.
1Opinion of the CourtJustice Cooper
Upon a former appeal this cause was remanded to the [1] district court with directions to correct its ruling in striking the lien from the record, and to make findings. (56 Mont. 321, 184 Pac. 838.) No new statement of the case is necessary. Upon the record as it stood upon the filing of the remittitur in the court below, the cause was submitted for decision. In response thereto it made findings of substantially the following facts: That on August 10, 1914, defendant Welch handed to plaintiff’s agent a list or estimate of lumber and other materials deemed necessary for the construction of a…
2Cases cited9 opinions
- Northwestern Lumber & Wrecking Co. v. ParkerSupreme Court of Minnesota · 1914
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Helena Steam-Heating & Supply Co v. WellsMontana Supreme Court · 1895
- American Bridge Co. v. HonstainSupreme Court of Minnesota · 1913
- Ballou v. BlackNebraska Supreme Court · 1885
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3Cited by1 opinion
- Interstate Lumber Co. v. RiderMontana Supreme Court · 1933