Legal Opinion

Smith v. Headley

Supreme Court of Minnesota

Decided May 25, 1885PublishedCited by 12 opinions

Action to enforce a mechanic’s lien, brought by plaintiffs, as part-Hers, in the district court for Ramsey county. The complaint, after alleging partnership, was as follows, viz.: “That on and between the first day of July, 1883, and the ninth day of October, 1883, plaintiffs sold and delivered to the defendant Headley, at his special instance and request, goods, wares, merchandise and lumber of the agreed price and reasonable value of $738.05; no part of which sum has ever…

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Action to enforce a mechanic’s lien, brought by plaintiffs, as part-Hers, in the district court for Ramsey county. The complaint, after alleging partnership, was as follows, viz.: “That on and between the first day of July, 1883, and the ninth day of October, 1883, plaintiffs sold and delivered to the defendant Headley, at his special instance and request, goods, wares, merchandise and lumber of the agreed price and reasonable value of $738.05; no part of which sum has ever been paid, except the sum of $196.07. That there is still due and owing on account of said sale an unpaid balance of…

1Opinion of the Court

Gtlfillan, 0. J.

This action is to enforce a lien for materials furnished by plaintiffs to defendant Headley, for the purpose of, and which were used in the construction of, a house for defendant Thrall, and on his land, Headley being his contractor for such construction. On the trial the defendant Thrall raised objections to the complaint —First, by a motion for judgment on the pleadings; and, secondly, by objection to any evidence on the part of plaintiffs being received, for the reason that, as the defendant claims, the complaint does not state a cause of action.

One objection to the…

2Cases cited4 opinions

  1. Gorham v. SummersSupreme Court of Minnesota · 1878
  2. Keller v. HoulihanSupreme Court of Minnesota · 1884
  3. Clark v. SchatzSupreme Court of Minnesota · 1877
  4. Gutzwiller v. CroweSupreme Court of Minnesota · 1884

3Cited by12 opinions

  1. Northwestern Cement & Concrete Pavement Co. v. Norwegian-Danish Evangelical Lutheran Augsburg SeminarySupreme Court of Minnesota · 1890
  2. Menzel v. TubbsSupreme Court of Minnesota · 1892
  3. Hastay v. BonnessSupreme Court of Minnesota · 1901
  4. Hausmann Bros. Manufacturing Co. v. KempfertWisconsin Supreme Court · 1896
  5. Aaby v. Better Builders, Inc.Supreme Court of Minnesota · 1949

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