Ball v. Houston
Supreme Court of Oklahoma
Error from the District Court of Logan County; before Jno. ' H. Burford, Trial Judge. STATEMENT OE EACTS. The material facts in this case are as follows: In June, 1899, the plaintiff in error, defendant in the conrt below, being the head of a family, bought certain unimproved real estate, being the same involved in this action, situated in the city of Guthrie, Oklahoma territory, for the purpose, as he alleges, of making thereon a home for himself and family.
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Error from the District Court of Logan County; before Jno. ' H. Burford, Trial Judge. STATEMENT OE EACTS. The material facts in this case are as follows: In June, 1899, the plaintiff in error, defendant in the conrt below, being the head of a family, bought certain unimproved real estate, being the same involved in this action, situated in the city of Guthrie, Oklahoma territory, for the purpose, as he alleges, of making thereon a home for himself and family. In the same month he employed his co-defendant, Brickner, to build thereon a house; Brickner bought the materials therefor from the…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
The first error assigned and urged for a reversal of this case is, that the evidence fails to show any contract with the owner of the real estate or his agent bjthe plaintiffs claiming the lien, and consequently the lien should have been disallowed. In support of this, counsel for plaintiff in error cite, the case of Lumber Company v. Lobsitz, 4 Okla. 355; but we think an examination of the ease at bar and the case cited will show a great difference in the facts of the two cases.
In the case at bar it is alleged, and not denied, that Ball entered into a…
2Cases cited7 opinions
- Gregg v. BostwickCalifornia Supreme Court · 1867
- Drucker v. RosensteinSupreme Court of Florida · 1882
- Christy v. DyerSupreme Court of Iowa · 1863
- Elston & Green v. RobinsonSupreme Court of Iowa · 1867
- Grosholz v. NewmanSupreme Court of the United States · 1874
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3Cited by7 opinions
- Laurie v. Crouch Et Ux.Supreme Court of Oklahoma · 1914
- Nakdimen v. BrazilSupreme Court of Arkansas · 1919
- Davis v. First State Bank of IdabelSupreme Court of Oklahoma · 1917
- American Surety Co. of New York v. GibsonSupreme Court of Oklahoma · 1917
- Mobley v. Leeper Bros. Lbr. Co.Supreme Court of Oklahoma · 1923
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