Netcott v. Porter
Supreme Court of Kansas
Error from Cloud District Court. A mechanic’s lien was filed by B. W. Porter and Holden Beard, and an action commenced thereon by them. They had entered into a contract with Netcott to construct for him a house and cistern.
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Error from Cloud District Court. A mechanic’s lien was filed by B. W. Porter and Holden Beard, and an action commenced thereon by them. They had entered into a contract with Netcott to construct for him a house and cistern. On this contract, and for extra work on the house and cistern, plaintiffs claimed $1,155, less payments made by defendant amounting to about $500. Included in said sum of $1,155, is an item of $300 “liquidated damages,” specified in the contract, and alleged to be due by reason of defendant’s breach of the contract. Defendant answered, 1st, a general denial, except as to…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The plaintiff in error assigns, in his petition in error, eight different grounds for a reversal of the judgment of the court below. But on the hearing in this court, and in his brief, - he seems to abandon all but two of them—the sixth and seventh. The first five of said assignments relate to the refusal of the court below to give certain *133instructions to the jury, and the eighth is, that “the court erred in rendering judgment against the plaintiff” in error. These assignments (the first five, and the eighth,) are evidently all untenable.…
2Cases cited6 opinions
- Bent v. PhilbrickSupreme Court of Kansas · 1876
- Walker v. ArmstrongSupreme Court of Kansas · 1863
- Hopkins v. CothranSupreme Court of Kansas · 1876
- Kansas Pacific Railway Co. v. TaylorSupreme Court of Kansas · 1877
- Russell v. SmithSupreme Court of Kansas · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Power v. BowdleNorth Dakota Supreme Court · 1893
- TURNER, ADM'R v. McCreadyOregon Supreme Court · 1950
- Bashor v. Nordyke & Marmon Co.Supreme Court of Kansas · 1881
- Cooper v. Davis Sewing Machine Co.Supreme Court of Kansas · 1887
- Kern Valley Bank v. KoehnCalifornia Court of Appeal · 1912
2 more not listed; retrieve them via the Exa API.