Legal Opinion

Finley v. Pew

Wyoming Supreme Court

Decided March 14, 1922No. 1011; No. 1013PublishedCited by 8 opinions

Appeal from and Error to the District Court, Fremont County; HoN. Ralph Kihball, Judge. Action by C. H. Finley against George H. Pew to recover a payment alleged to be due on account for labor and material furnished and money advanced in connection with a building contract. There was a judgment for plaintiff. Defendant appeals and plaintiff brings error.

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Appeal from and Error to the District Court, Fremont County; HoN. Ralph Kihball, Judge. Action by C. H. Finley against George H. Pew to recover a payment alleged to be due on account for labor and material furnished and money advanced in connection with a building contract. There was a judgment for plaintiff. Defendant appeals and plaintiff brings error. The material facts are stated in the opinion. ■ This action involves a written contract made between the parties for the construction of a building; the trial court erred in applying the facts to the terms of the written contract, which is in…

1Opinion of the Court

Blume, Justice.

The parties will be herein referred to in the same order as in the court below. Finley, the plaintiff, brought an action against the defendant Pew to recover a balance of $6478.93, claimed to be due on account for certain labor and material furnished and money paid or advanced in connection with the erection of the Vocational High School building at Lander. Pew was the original contractor. There was a written contract between the parties, reading as follows:

“Lander, Wyoming, August 9th, 1918.
“ARTICLES OF AGREEMENT”
“Between C. H. Finley, party of the first part, and Geo. II.…

Also in this document: Concurrence.

2Cases cited40 opinions

  1. Kohler v. AgassizCalifornia Supreme Court · 1893
  2. Hathaway v. DavisCalifornia Supreme Court · 1867
  3. Page v. People ex rel. WeberIllinois Supreme Court · 1881
  4. Harding v. LarkinIllinois Supreme Court · 1866
  5. Hale Bros. v. MillikenCalifornia Supreme Court · 1904

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3Cited by8 opinions

  1. Hoy v. AndersonIdaho Supreme Court · 1924
  2. Lusk Lumber Co. v. Independent Producers ConsolidatedWyoming Supreme Court · 1926
  3. Barrett v. WhitmoreWyoming Supreme Court · 1922
  4. First National Bank v. SorensonWyoming Supreme Court · 1923
  5. Alpine Climate Control, Inc. v. DJ's, Inc.Wyoming Supreme Court · 2003

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