Burleigh Building Co. v. Merchant Brick & Building Co.
Colorado Court of Appeals
Appeal from the District Court of Arapahoe County. Fifty-thbee thousand six hundred brick were furnished by the Merchant Brick and Building Company and delivered at lots 7, 8 and 9, block 23, Wyman’s Addition to the city of Denver, being property situated on Race street between Colfax and Sixteenth avenue.
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Appeal from the District Court of Arapahoe County. Fifty-thbee thousand six hundred brick were furnished by the Merchant Brick and Building Company and delivered at lots 7, 8 and 9, block 23, Wyman’s Addition to the city of Denver, being property situated on Race street between Colfax and Sixteenth avenue. The value of the brick at the price at which the company agreed to sell them was 1225.80. The brick was delivered somewhere between the 1st day of April and the 13th day of May, 1895. Between the commencement of the delivery and the 22d day of April, 40,000 liad been hauled and unloaded.…
1Opinion of the CourtBissell, P. J.
A judgment ought never to have been entered against the sureties on the bond. This matter is very easily demonstrated by a comparatively brief consideration of the terms of the instrument and of a few facts respecting the contract under which the brick was sold. There are many questions suggested by the record which if decided would necessarily call for the construction of a number of the provisions of the lien act of 1893. While this construction is requested and a good deal of argument directed to the propositions which would compel the consideration, we cannot easily imagine the necessity…
2Cases cited3 opinions
- Joost v. SullivanCalifornia Supreme Court · 1896
- Sanford v. FrostSupreme Court of Connecticut · 1874
- Santa Clara Valley Mill & Lumber Co. v. WilliamsCalifornia Supreme Court · 1892
3Cited by2 opinions
- Perkins v. BoydColorado Court of Appeals · 1901
- Perkins v. BoydColorado Court of Appeals · 1901