Weeter Lumber Co. v. Fales
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action to foreclose a mechanic’s lien. Judgment for the plaintiff. There is absolutely no contract set out in the claim of lien; the terms upon which the material was sold, the time in which it was to be paid for, the conditions of the contract are nowhere mentioned. This omission was fatal.
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APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action to foreclose a mechanic’s lien. Judgment for the plaintiff. There is absolutely no contract set out in the claim of lien; the terms upon which the material was sold, the time in which it was to be paid for, the conditions of the contract are nowhere mentioned. This omission was fatal. (Hooper v. Flood, 54 Cal. 218; White v. Mullins, 3 Ida. 434, 31 Pac. 801.) In this action the plaintiff sought and has obtained a personal judgment against the defendant Fales. It is a…
1Opinion of the CourtSullivan, J.
This action was brought to foreclose a materialman’s lien on a building and two town lots in the city of Gooding. The defendant Mead and the Gooding State Bank, defendant, failed to answer. The defendant Fales and *258the Gooding Townsite Company answered. The cause was tried and findings of fact were made and judgment entered in favor of the Lumber Company for $719.82, with interest, attorneys’ fees and costs, and in favor of the Gooding Town-site Company for the sum of $500, that being the balance due to said company for the purchase price of said town lots, Nos. 19 and 20, in block 38 of said…
2Cases cited5 opinions
- James Hunter & Co. v. Truckee LodgeNevada Supreme Court · 1879
- Titiman v. Alamance Mining Co.Idaho Supreme Court · 1903
- Diamond Bank v. Van MeterIdaho Supreme Court · 1910
- Lydon v. GodardIdaho Supreme Court · 1897
- Lewiston National Bank v. TefftIdaho Supreme Court · 1898
3Cited by19 opinions
- Pierson v. SewellIdaho Supreme Court · 1975
- Mitchell v. FlandroIdaho Supreme Court · 1972
- Chamberlain v. City of LewistonIdaho Supreme Court · 1912
- First American Title Co. v. Design Builders, Inc. (In Re Design Builders, Inc.)United States Bankruptcy Court, D. Idaho · 1981
- In Re the Estate of FlawsSouth Dakota Supreme Court · 2012
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