Findlay v. Hildenbrand
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. An action to recover upon a contract of employment to perform labor and for the foreclosure of a laborer’s lien. Judgment for plaintiff. Defendant appeals. The fact of Findlay’s labor upon the Mayflower mine, or group of mines, is supported only by his own testimony.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. An action to recover upon a contract of employment to perform labor and for the foreclosure of a laborer’s lien. Judgment for plaintiff. Defendant appeals. The fact of Findlay’s labor upon the Mayflower mine, or group of mines, is supported only by his own testimony. Neither Dennison nor French testified to having seen the work done by Findlay on the Mayflower mine, and so they, were not testifying to the value of the work from actual observation but from hearsay, and that hearsay…
1Opinion of the CourtStewart, J.
— The respondent brought this action to recover the sum of $122, balance claimed to be due for labor performed on the Mayflower mining claim and for the foreclosure of a lien. In the complaint the plaintiff alleged that the defendant was at all times mentioned in the complaint the owner of such mining claim; that on Jan. 9, 1907, he entered into a contract with the appellant by which he was employed to perform such labor, and that the appellant agreed to pay him for such labor the sum of four dollars per day to be paid in cash from time to time as needed during the progress of the work; and…
2Cases cited2 opinions
- Brown v. RouseCalifornia Supreme Court · 1894
- Bohart, Dillingham & Co. v. Oberne, Hosick & Co.Supreme Court of Kansas · 1887
3Cited by4 opinions
- Blackwell v. KerchevalIdaho Supreme Court · 1916
- Storey v. United States Fidelity & Guaranty Co.Idaho Supreme Court · 1919
- T. W. & L. O. Naylor Co. v. BowmanIdaho Supreme Court · 1924
- United States v. BennettDistrict Court, E.D. Washington · 1944