Legal Opinion

Pittsburgh Plate Glass Co. v. Culbertson Hotel Co.

Montana Supreme Court

Decided March 27, 1922No. 4,738PublishedCited by 6 opinions

Appeal from District Court, Sheridan Coimty; C. E. Comer, Judge. Action by tbe Pittsburgh Plate Glass Company against the Culbertson Hotel Company and others to foreclose a materialman’s lien. Judgment for the defendants and plaintiff appeals. Cause submitted on briefs of Counsel. Courts should place a liberal construction on mechanics’ liens. The reason for such a rule is very apparent.

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Appeal from District Court, Sheridan Coimty; C. E. Comer, Judge. Action by tbe Pittsburgh Plate Glass Company against the Culbertson Hotel Company and others to foreclose a materialman’s lien. Judgment for the defendants and plaintiff appeals. Cause submitted on briefs of Counsel. Courts should place a liberal construction on mechanics’ liens. The reason for such a rule is very apparent. Material-men and mechanics have no remedy for the enforcement of their claims except by section 7290, Revised Codes, which grants to such materialman and mechanic a lien for material and labor furnished.…

1Opinion of the Court

MR. COMMISSIONER AYERS

prepared the opinion for the court.

This is an action to foreclase a lien executed and filed pursuant to section 7291 of the Revised Codes of 1907, for materials furnished by plaintiff in connection with the erection of a hotel owned by the defendant the Culbertson Hotel Company, a corporation. Plaintiff alleges that on June 9 and 11, 1917, it furnished certain materials to E. L. Olsen, one of the defendants named, and the person who had the contract for the building and construction of the hotel for the defendant hotel company, of the value of $274.94; and on November…

2Cases cited12 opinions

  1. Chapin v. Persse & Brooks Paper WorksSupreme Court of Connecticut · 1862
  2. Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
  3. Silvester v. Coe Quartz Mine Co.California Supreme Court · 1889
  4. Vreeland v. EllsworthSupreme Court of Iowa · 1887
  5. Lookout Lumber Co. v. Mansion Hotel & Belt Railway Co.Supreme Court of North Carolina · 1891

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3Cited by6 opinions

  1. Murray v. CreeseMontana Supreme Court · 1927
  2. Interstate Lumber Co. v. RiderMontana Supreme Court · 1933
  3. Monarch Lumber Co. v. WallaceMontana Supreme Court · 1957
  4. Matos v. RohrerMontana Supreme Court · 1983
  5. Cascade Electric Co. v. Associated Creditors, Inc.Montana Supreme Court · 1950

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