Legal Opinion

Bethell v. Chicago Lumber Co.

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 6 opinions

Error from Cloud District Court. Action brought by M. T. Greene and others, constituting The Chicago Lumber Company, against Annie and John Bethell, who were husband and wife.

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Error from Cloud District Court. Action brought by M. T. Greene and others, constituting The Chicago Lumber Company, against Annie and John Bethell, who were husband and wife. The action was brought to foreclose a mechanics’ lien against defendants for lumber and material purchased for the erection of a dwelling house, and for repairing and transforming a carpenter shop into a dwelling house, on certain lots in Concordia, Kansas, alleged to have been owned by Annie Bethell in her own right. The plaintiff claimed that the lumber in controversy was sold under a contract with John Bethell, the…

1Opinion of the Court

Opinion by

Clogston, C.:

Plaintiff in error now insists that on the pleadings and findings of fact no judgment ought to have been rendered in favor of the plaintiff, defendant in error. The petition alleged a contract for material with the husband of the owner, Annie Bethell, and asked for the foreclosure of the mechanics’ lien against said property under the contract. The. plaintiff in error insists that, as the findings show that John Bethell was a contractor, and had a written contract with his wife, Annie Bethell, to erect the improvements and furnish the material and to receive certain…

2Cited by6 opinions

  1. Wertz v. LambMontana Supreme Court · 1911
  2. Logan-Moore Lumber Co. v. BlackSupreme Court of Kansas · 1959
  3. Great Southern Fireproof Hotel Co. v. JonesCourt of Appeals for the Sixth Circuit · 1902
  4. Brown v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1910
  5. Robert Garrett Lumber Co. v. LoftusSupreme Court of Kansas · 1910

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