Fein v. Davis
Wyoming Supreme Court
Ekrob. to the District Court of Albany County. The action was commenced by Davis in the district court of Albany county, at its May term, 1876, against Fein on account for work and labor done and materials furnished, for the sum of $165.50 with interest tbereon from September 7th, 1875, at the rate of 12 per cent, per annum; and for the enforcement of a mechanics’ lien against certain buildings described in the petition as follows: “ A certain dwelling house of said…
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Ekrob. to the District Court of Albany County. The action was commenced by Davis in the district court of Albany county, at its May term, 1876, against Fein on account for work and labor done and materials furnished, for the sum of $165.50 with interest tbereon from September 7th, 1875, at the rate of 12 per cent, per annum; and for the enforcement of a mechanics’ lien against certain buildings described in the petition as follows: “ A certain dwelling house of said defendant described as being a story and a half log dwelling house, situate on the southeast quarter of the southeast quarter of…
1Opinion of the CourtPeck, J.
We sustain without comment the order of the district court, denying the motion to quash the summons. The action was brought by Davis in assumpsit for work and labor done, and materials furnished by him in building a house for Fein: to which the latter plead the general denial and payment. Upon the trial Davis introduced evidence tending to make out a case, and rested: Fein was called as a witness for the defense, and asked whether the house was or was not built for a sum certain on a certain verbal contract made between himself and Davis before'the work upon it was commenced. The question was…
2Cases cited1 opinion
- Hilliard Flume & Lumber Co. v. WoodsWyoming Supreme Court · 1878
3Cited by3 opinions
- Rhodes v. StateWyoming Supreme Court · 1969
- Oxley v. Mine and Smelter Supply Co.Wyoming Supreme Court · 1968
- DeBaca v. StateWyoming Supreme Court · 1965