Legal Opinion

Jensen v. Brown

Supreme Court of Colorado

Decided February 15, 1875PublishedCited by 9 opinions

Error to Probate Court, Arapahoe County. The petitioners (plaintiffs in error) alleged that they sold certain nails, locks, and other materials, to one Joseph Wood, to be used, and which were used in the erection and construction of a building in the city of Denver, which was owned by the defendant; that Wood contracted with defendant to erect said building, and that the defendant knew that the materials were so used.

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Error to Probate Court, Arapahoe County. The petitioners (plaintiffs in error) alleged that they sold certain nails, locks, and other materials, to one Joseph Wood, to be used, and which were used in the erection and construction of a building in the city of Denver, which was owned by the defendant; that Wood contracted with defendant to erect said building, and that the defendant knew that the materials were so used. Other facts necessary to establish a lien, as that notice was served upon the defendant as required by the statute, the amount due, and the like, were alleged in the petition,…

1Opinion of the CourtBrazee, J.

The question presented by this case is whether a material-man, under the statute of Colorado, approved February 9th, A. D. 1872, furnishing material to a contractor, has a lien upon the building in respect to which the contract is made, and material furnished.

The first section of said act prescribes that “all artisans, mechanics, and others, who shall perform work or labor, or furnish materials to the amount of $25, or more, for the construction or repairing of any building, or other superstructure, shall have and may claim and hold a lien upon such building or superstructure for the amount…

2Cases cited1 opinion

  1. Henley v. WadsworthCalifornia Supreme Court · 1869

3Cited by9 opinions

  1. Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
  2. Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1909
  3. Greeley, S. L. & P. R. v. HarrisSupreme Court of Colorado · 1888
  4. Great Western Sugar Co. v. F. H. Gilcrest Lumber Co.Colorado Court of Appeals · 1913
  5. Tabor v. ArmstrongSupreme Court of Colorado · 1886

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